HomeMy WebLinkAbout04-15-2014 PH6 Modification of Tract 2428 Moresco
FROM: Derek Johnson, Community Development Director
Prepared By: Pam Ricci, Senior Planner
SUBJECT: AMEND CONDITIONS OF APPROVAL FOR THE PREVIOUSLY APPROVED
VESTING TENTATIVE MAP (TRACT 2428) AND REVIEW OF AN ADDENDUM TO THE
PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION (CITY FILE NOS.
MOD/TR/ER 121-13).
RECOMMENDATION
As recommended by the Planning Commission, Adopt the Resolution (Attachment 8), which
approves the modifications to project conditions, based on findings, including a finding supporting
the preparation of an Addendum to the previously approved Mitigated Negative Declaration, and
subject to mitigation measures and conditions.
SITE DATA
BACKGROUND
Approved Project
Vesting Tentative Map (VTM) #2428 is a 99-acre site located north of Margarita Avenue, and east
of South Higuera Street. The VTM is located within the Western Enclave of the Margarita Area
Specific Plan (MASP) and includes a total of 178 lots consisting of 165 single-family lots, seven
lots for condominium development (32 units), five lots for riparian open space, and one 71-acre
Applicant Margarita Ranch SLO, LLC
Representative TEC Civil Engineering Consultants
Zoning R-1, Low-Density Residential; R-2 &
R-2--PD, Medium-Density
Residential; R-3, Medium-High
Density Residential; and C/OS &
C/OS-PD, Conservation Open Space
(all with the Specific Plan overlay)
General Plan Low-Density Residential, Medium-
Density Residential, and Medium-
High Density Residential, &
Conservation Open Space
Site Area 99 acres
Environmental
Status
An Addendum of Environmental
Impact was prepared to document
the project’s consistency with the
Margarita Area Specific Plan (MASP)
EIR and subsequent tiered Mitigated
Negative Declaration.
Meeting Date
Item Number April 15, 2014
Prado Rd.
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Council Agenda Report – Vesting Tentative Map No. 2428
Page 2
hillside lot for permanent open space. On July 3, 2007, the City Council approved VTM 2428
through Resolution No. 9917 (Attachment 2). At this same hearing the Council approved a Planned
Development overlay zoning for an approximately 11-acre portion of the center of the property to
allow for increased density and relaxation of some property development standards through
Ordinance No. 1506 (Attachment 3).
Current Request
The applicant is proposing revisions to the conditions of approval relative to the construction of
Prado Road, similar to those approved for VTM 2342 by the City Council on February 19, 2013,
and proposed by VTM 2353 as a separate hearing item on this same agenda. Other modifications to
the conditions of approval are also being requested to address certain issues that have arisen
subsequent to the previous approval and to eliminate conditions that are no longer applicable or
viable. Conditions 2, 7 & 10 address traffic fees and monitoring to address identified operational
deficiencies with the City’s street network based on recommendations of the new traffic study
performed by Central Coast Transportation Consulting dated January 6, 2014. Condition 75 requires
the dedication of the 71-acre hillside open space to the City in fee to achieve the long-term goal to
have this open space under City ownership. Currently the property has a conservation easement
over it.
Due to the extent of the conditions needing revisions and because new conditions are being included
to address the applicant’s proposed changes to the tentative map, the conditions of approval have
been rewritten with new numbering; therefore the attached version does not necessarily correspond
to the previous numbering system of the adopted conditions of approval. Staff has prepared a
matrix (Attachment 7) which summarizes changes to conditions and code requirements.
DISCUSSION
4.1 Prado Road Condition
Originally the three tract maps in the Western Enclave were all approved with the same condition
language in terms of the development of Prado Road (Condition No. 1 of the VTM resolutions).
With the approval by the City Council last year for a modified Prado Road section adjacent to Tract
2342 and a positive recommendation by the Planning Commission to the City Council for a similar
modified road section adjacent to VTM 2353, the applicant for VTM 2428 has requested
modifications to the original Prado Road condition as anticipated.
If the recommended modifications to the Prado Road condition requested by the applicant are
supported by the City Council, then the applicant for the subject VTM 2428 will not have the direct
obligation to extend Prado Road to Broad Street. The traffic impact fees required of VTM 2428
will constitute its share of the cost to construct the Prado Road extension.
The result of modifying conditions of approval for the three tracts in the Western Enclave is that
Prado Road east of VTM 2353 will not be extended to Broad Street for an undefined timeframe.
This situation also removes the connection of the Class I bikeway to Broad Street, the adjacent
Damon Garcia Sports Complex as well as neighborhood commercial sites at the Marigold Shopping
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Council Agenda Report – Vesting Tentative Map No. 2428
Page 3
Center. Based on an idea advanced by the Planning Commission with the review of condition
modifications for Tract 2342 in 2013, staff formulated a new Condition #1 for VTM 2428 to
establish the “framework” for the applicant to work with the City toward implementation of this
Class 1 bicycle connection from the Western Enclave area to Broad Street. Although development
of the Class 1 bicycle connection is not a mitigation requirement for the tract, the applicant has
indicated support for completion of this facility subject to available right-of -way, and the
cooperation of the adjacent property owners and the City.
Planning Commission Review
On March 26, 2014, the Planning Commission reviewed the project and has forwarded a
recommendation for approval of the requested condition modifications to the City Council based on
its compliance with the MASP and the similar approvals supported for Tracts 2342 & 2353
(Attachment 5). The Planning Commission staff report has been attached to provide a detailed
analysis (Attachment 6).
The Planning Commission accepted staff’s recommended resolution without any changes including
the new Condition #1 setting up the framework to develop a Class 1 bikeway from the eastern edge
of VTM 2353 to Broad Street. This condition was the main focus of discussion. The Commission
acknowledged that acquisition of the needed right-of-way from the Garcia family that owns the
property to the east would be critical to the success of realizing the goal to create the Class 1
bikeway. There was also discussion related to the costs associated with the development of the
bikeway, especially the concern that impacts fees paid by the developer may not be adequate to
fund the entire cost. Staff noted that additional City funds may be needed to supplement
development costs of the bikeway.
Citizen Participation
Five members of the public spoke at the Planning Commission hearing as reflected in the attached
draft 3-26-14 minutes (Attachment 5). Ken Scott raised the concern with two-story development on
lots adjacent to El Camino Estates and Chumash Village. Other speakers raised concerns with
added traffic impacts associated with the build-out for the Western Enclave tracts. Staff pointed out
relevant conditions for traffic impact fees to help finance area wide improvements and also a
requirement for post-development monitoring to see if additional traffic improvements may be
needed.
Environmental Review
A Tiered Mitigated Negative Declaration (Tiered MND) was prepared and adopted when Tract
2428 was previously approved in 2007. The Addendum prepared for the current request takes into
account and accepts the environmental conclusions of the prior CEQA documents. Mitigation
measures adopted as part of the MASP EIR and Subsequent Tiered MND that are applicable to the
proposed project are carried forward and applied to the proposed project to effectively mitigate the
impacts that were previously identified. The only changes being proposed are the phasing of Prado
Road improvements which do not introduce any new potentially significant impacts, or increase the
severity of previously identified impacts.
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Council Agenda Report – Vesting Tentative Map No. 2428
Page 4
CONCURRENCES
The applicant’s requests to modify conditions of approval have been reviewed with the
Administration, Public Works, Utilities and Fire Departments, and all consulted departments concur
in the recommendation.
FISCAL IMPACT
The requested modifications to project conditions and related Prado Road Delivery Plan have
economic implications to the developer, adjacent property owners and the City. Therefore, the City
hired Goodwin Consulting Group in 2013 to prepare an impact fee reimbursement analysis related
to Prado Road extension costs, an economic impact analysis, and a fiscal impact analysis associated
with the Rescal parcels and the Margarita Area Specific Plan (MASP) area in total. These analyses
provided the basis for the Reimbursement Agreement which is a companion item to the condition
modifications for VTM 2353 also on tonight’s agenda. Traffic fees paid by the developer of VTM
2428 will be used to reimburse the developers of Serra Meadows (VTMs 2342 & 2353) who are
constructing Prado Road.
ALTERNATIVES
1. The Council may deny any of the requested modifications to prior conditions of approval which
would leave the condition language as originally approved.
2. The Council may continue review of the project, if more information is needed. Direction
should be given to staff and the applicants.
ATTACHMENTS
Attachment 1: Vicinity Map
Attachment 2: Resolution No. 9917 (2007 Series) approving VTM 2428 on 7-3-07
Attachment 3: Ordinance No. 1506 (2007 Series) approving a PD zoning over a portion of the
VTM on 7-3-07
Attachment 4: VTM 2428
Attachment 5: 3-26-14 Planning Commission follow-up letter & draft minutes
Attachment 6: 3-26-14 Planning Commission staff report without attachments
Attachment 7: Summary of Changes to Conditions and Code Requirements
Attachment 8: Draft Resolution
Available on website & in Council reading File: Addendum to Mitigated Negative Declaration
http://www.slocity.org/communitydevelopment/docsandforms/EIR%20Docs/VTM%202428%20Addendum.pdf
Distributed to Council: 11” x 17” VTM sheets
T:\Community Development\MODTR 121-13 (VTM 2428)\VTM 2428 PC report & attachments\Staff Reports\4-15-14 CAR\Council Agenda Report 4-15-14 (VTM 2428).docx
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RESOLUTION NO . 9917 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVIN G
VESTING TENTATIVE TRACT MAP NO . 2428 (MODIFIED) FOR PROPERT Y
LOCATED AT 3000 CALLE MALVA (TR, PD, and ER 98-06 )
WHEREAS,the City Council of San Luis Obispo on May 15, 2007, by Resolution No . 9897 ,
accepted a conservation easement, and ultimately fee title, to the 71-acre open space lot (Lot 178 )
donated to the City of San Luis Obispo by the project applicants, John E . and Carole D . King, as an
integral part of their project ; an d
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a publi c
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Ma y
23, 2007, and recommended, by Resolution No . 5481-07, approval of Application TRIPDIER 98-06,a
request to change the zoning district on the central approximately 11 acres of the site from R-2-SP an d
C/OS-SP to R-2-SP-PD and CIOS-SP-PD, and subdivide a 99-acre site into 178 lots ; an d
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing in th e
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 3, 2007, for th e
purpose of considering Applications TR, PD and ER 98-06 ; and
WHEREAS,notices of said public hearings were made at the time and in the manner require d
by law ; an d
WHEREAS,the Council has reviewed and considered the Mitigated Negative Declaration o f
environmental impact for the project ; and
WHEREAS,the Council has duly considered all evidence, including the recommendation of th e
Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff ,
presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo a s
follows :
SECTION 1 .Findings .Based upon all the evidence, the City Council makes the followin g
findings in support of approving the proposed project :
Subdivision Map Finding s
1.As conditioned, the design of the vesting tentative tract map is consistent with the General Pla n
because the proposed project respects existing site constraints (slope, creeks, wetlands, significan t
trees), will incrementally add to the City's needed residential housing inventory, result in parcel s
that meet density standards, and will be consistent with the density and lot sizes established by th e
Margarita Area Specific Plan .
2.
The site is physically suited for the proposed type of development allowed in the R-1-SP, R-2-SP ,
R-3-SP, and the requested R-2-SP-PD residential areas as well as the C-OS-SP, C-OS-40-SP, an d
R 9917
Attachment 2
PH6 - 6
Resolution No . 9917 (2007 Series)
Page 2
requested C-OS-SP-PD open space zones because the site contains slopes that are less than 30%i n
the areas to be developed, has suitable and appropriate access via existing and planned street s
consistent with the MASP, and preserves and provides for long-term maintenance of areas o f
important or sensitive habitats via lots designated for open space .
3.The design of the subdivision, or the type of improvements, will not conflict with easements ,
acquired by the public at large, for access through, or use of property within, the propose d
subdivision because all such easements have been accommodated by the proposed design of th e
subdivision and location of improvements .
4.The design of the subdivision, or type of improvements, is not likely to cause serious public healt h
problems because the type of improvements are residential and development is a similar scale t o
existing development already adjoining the site to the south and west and approved developmen t
adjacent to the south of the site . Additionally, new construction will be designed to meet existin g
building and safety codes .
5.The design of the subdivision, or type of improvements, will not have a significant adverse impac t
on the environment or substantially or unavoidably injure fish or wildlife or their habitats subjec t
to the mitigation measures of the Final Environmental Impact Report (FEIR) certified by the Cit y
Council on October 12, 2004 together with the mitigation monitoring program adopted with sai d
EIR approval, because all said applicable mitigation measures and monitoring program ar e
incorporated into the project as recommended below .
6.The Mitigated Negative Declaration prepared by the Community Development Department o n
May 1, 2007 adequately identifies and evaluates the potential impacts associated with this projec t
and where impacts are potentially significant, mitigation measures are provided to reduce impact s
to less than significant levels . The Planning Commission finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmenta l
impacts of the proposed project, as modified, determining there is no substantial evidence of ne w
or further significant impacts not already identified either in the prior certified Environmenta l
Impact Report prepared for the Margarita Specific Plan or in the subsequent Initial Study prepare d
for this site specific project .
7.The offer of donation of a conservation easement and ultimately, fee title, to the 71-acre ope n
space lot proposed in the subdivision map is consistent also with the General Plan of the City o f
San Luis Obispo .
Creek Setback Exception Findings
8.The location and design of the exceptions proposed respecting pedestrian trails within an d
crossings over the creek corridors will minimize impacts to scenic resources, water quality, an d
riparian habitat, including opportunities for wildlife habitation, rest, and movement, because th e
location and design of the trails and creek crossings will be constructed outside of the establishe d
floodway and will not impede flood waters or planned storm water management improvements an d
maintenance required for the tract . Further these features provide for desired passive use an d
enjoyment of the creek corridors as a tract amenity, and established access ways provide fo r
management and monitoring of the natural and enhanced habitat in the area of the corridors, and
facilitate movement of localized habitat of the site and general area .
Attachment 2
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Resolution No . 9917 (2007 Series )
Page 3
9.The exceptions proposed herein will not limit the city's design options for providing flood contro l
measures that are needed to achieve adopted city flood policies, as no adverse environmenta l
impacts have been identified as a result of the placement and design of the proposed trails an d
crossings . Furthermore, the retention of the creeks in their natural location, together with th e
parallel storm water runoff collection system, will ameliorate historical flooding occurrences at th e
existing Prado Road culvert .
10.The exceptions proposed herein will not prevent the implementation of City-adopted plans, no r
increase the adverse environmental effects of implementing such plans . No adverse environmenta l
impacts have been identified as a result of the placement and design of the proposed trails an d
crossings . Special construction techniques will be used to minimize the potential for urban runof f
to alter the flow regime in the creeks, thus protecting them from "flash" flows and urba n
pollutants .
11.The exceptions proposed herein will not be a grant of special privilege because the proposed trai l
networks are consistent with requirements of the adopted MASP to accommodate special sit e
features not occurring on other lands of similar zoning in the vicinity and will be augmented wit h
devotion of additional private lands to increase the functional width of the overall natural corridor s
to benefit multiple purposes of preserving natural habitat, enhancing the aesthetic and passiv e
recreation quality of the subdivision and facilitating maintenance of natural drainage flows an d
pattern . Further the channels (3 in all) separate development areas of the site from one another, th e
interconnections and creek crossings provide access between all units of the PD neighborhood, a s
well as options to connect into the perimeter pedestrian and bike systems planned for thi s
subdivision and the overall Western Enclave and Margarita Area Specific Plan . Because the
channels run at odd angles and traverse the site diagonally, this produces remnant areas that ar e
inefficient and would reduce overall densities if the efficiency of the encroachments were no t
permitted . Rather than relocate the channels as permitted by the MASP, the creek corridors will b e
maintained in their present configuration, preserving, therefore in a largely undisturbed manner ,
the established habitat values and runoff patterns while seeking modest exceptions to regai n
efficiencies in land planning and overall project design .
12.The exceptions proposed herein will not be detrimental to the public welfare or injurious to othe r
property in the area of the project or downstream, because the collection and flow of flood water s
will not be impeded, nor will the trails and crossings impede the planned improvements to the trac t
storm drainage system .
13.Site development cannot be accomplished with a materially different redesign of the projec t
because redesign of the project to accommodate trails outside the corridors, while possible, woul d
be at the expense of achieving densities desired by the MASP and ultimately would compromis e
the "affordability by design" objectives of that Plan .
14.Redesign of the project would deny the property owner reasonable use of the property in that the
minimum density threshold of the MASP for the subject site calls for no less than 149 units (no t
including affordable housing requirements .) A potential redesign could affect at least 37 lots/units ,
and potentially more as the changes could "domino" throughout the tract . This would potentiall y
impact a finding of consistency with density required for the project by the MASP, compromisin g
the ability to develop the property as planned .
Attachment 2
PH6 - 8
Resolution No . 9917 (2007 Series )
Page 4
SECTION 2.Environmental Review .The City Council finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmental impacts o f
the proposed project, and reflects the independent judgment of the City Council . The Council hereb y
adopts said Mitigated Negative Declaration and incorporates the following mitigation measures an d
monitoring programs into the project :
Mitigation Measures and Mitigation Monitoring and Reporting Program :
Reduction of Light and Glar e
1.In order for MASP/AASP EIR Mitigation Measure LU-7 .1 as implemented by the MASP to b e
carried through to lot-specific development stage, a lighting plan that demonstrates complianc e
with Community Design Section 3 .3 Lighting requirements of the MASP shall be submitted wit h
other required plans for both the residential and commercial components of the project to th e
review and approval of the Architectural Review Commission (ARC). The lighting plan shal l
propose specific measures to limit the amount of light trespass associated with development withi n
the project area including shielding and/or directional lighting methods to ensure that spillove r
light does not exceed 0.5 foot-candles at adjacent property lines .
â Monitoring Program :The ARC will review development plans for both the residential an d
commercial components of the project . City staff, including Planning and other departments, wil l
review plans to assure that all of the ARC's requirements related to lighting and compliant with th e
MASP provisions have been incorporated into working drawings . City building inspectors will be
responsible for assuring that all lighting is installed pursuant to the approved lighting plan .
Preparation and Implementation of "Comprehensive Biological Mitigation Program "
2.Mitigation for wetland impacts .Mitigation for wetland impacts will be through a combination o f
on- and off-site mitigation, approved by the City, the DFG and the Corps . Further, in complianc e
with the MASP/AASP OR, VTM #2342 (Cowan) proposes the creation of Lot Z in an are a
designated by the MASP for "Open Space-Riparian" for the express purposes of achieving some o f
the necessary wetlands replacement mitigation area, as well as preservation of related biologica l
habitat benefits .
3.Mitigation for Impacts to Creek Habitats.Mitigation for impacts to creek habitats will be throug h
a combination of on- and off-site mitigation, approved by the City, the DFG and the Army Corp s
of Engineers .
4.Mitigation for Impacts to Serpentine Bunchgrass Habitat .A mitigation program involvin g
restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in th e
King property's open space parcel, shall be required . This area occupies between one-half an d
three-quarters of an acre . The program would at a minimum, replace the existing non-nativ e
grassland in that area with a grassland containing a majority of native bunchgrass species including
purple needlegrass, meadow barley, and California brome . In addition, a program for additiona l
protection for the open space lands of the project will be developed . The goal of this program wil l
be to provide protection for remaining areas of serpentine bunchgrass habitat and species withi n
that habitat in the South Hills open space parcel through mechanisms such as fencing, trail
Attachment 2
PH6 - 9
Resolution No . 9917 (2007 Series )
Page 5
realignments, and drainage improvements on the access road to the communication site o n
neighboring property . Finally, the project sponsors propose to donate fee title to the open space lo t
178 to the City of San Luis Obispo as permanent open space as part of the project.
5.Mitigation for Impacts to Sensitive Species .None of these species are expected to be difficult t o
establish . City staff will work with the project sponsors in developing the details of the effort .
Mitigation for impacts to five plant species of concern shall be required as follows :
Palmer Spineflower .None required .
Brewer Spineflower .None required .
Obispo Indian Paintbrush .Collect seed or seed/soil mix for relocation to open space lo t
enhancement site .
Miles Milkvetch .Collect seed or seed/soil mix for relocation to open space lot enhancemen t
site .
Obispo Dudleya .Due to the very small number of impacted individuals and the ease o f
transplanting, transplant these individuals to suitable sites within the project open space .
Obispo Mariposa lily .None required .
Adobe Sanicle .Relocate some individuals to a suitable site within the project open space ;
consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off -
site location approved by the City, or consider lot adjustments to protect the major portion nea r
lots 82, and adjacent multifamily lot . On Sept. 5, 2006, the SLO City council authorized, a s
mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation o f
adobe sanicle occasioned by the proposed revised VTM #2428 residential developmen t
proposal within the Margarita Area Specific Plan . In its action, the Council found that Lagun a
Lake Park offers the best habitat suitable for the adobe sanicle . Further, the adobe sanicl e
already occurs there naturally .
Congdon Tarplant .Create compensating habitat in a suitable off-site location approved by th e
City . On Sept . 5, 2006, the SLO City council authorized, as mitigation discussed herein, th e
use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned b y
the proposed revised VTM #2428 residential development proposal within the Margarita Are a
Specific Plan . In its action, the Council found that Laguna Lake Park offers the best habita t
suitable for the Congdon tarplant . Further, the Congdon tarplant already occurs there naturally .
Loggerhead Shrike .Remove myoporum tree before nesting season .
6.Mitigation for Impacts to Other Nesting Birds .Undertake surveys prior to initiation o f
construction activities ; avoid construction activities within 100 feet of active nest sites, or 300 fee t
from raptor nests, until after young have fledged .
7.OffSite Mitigation for Wetland Impacts .A further component of the biological mitigatio n
program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outsid e
the bounds of the Western Enclave (designated by the MASP as "Open Space-Riparian" lands).
The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area tha t
already naturally collects some area run-off and provides valuable habitat for certain specia l
concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in it s
natural state. Pre-development run-off has resulted in seasonal flooding of Prado Road due to the y
currently deficient collection/distribution system to this natural drainage area south of Prado Road .
The Western Enclave applicants propose to acquire this off-site property designated for open space
Attachment 2
PH6 - 10
Resolution No . 9917 (2007 Series)
Page 6
use by the MASP and utilize it beneficially for biological mitigation as well as a detention basi n
for pre- and post-Western Enclave development generated run-off . It is proposed that this basin be
enhanced to accommodate the greater project-generated and pre-project run-off flows, and t o
increase its habitat value in the long term . The basin is proposed to be held and maintained by a
Master Home Owners Association (MHOA) established initially for the Western Enclave area, an d
perhaps ultimately for the entire MASP as stipulated be done by the MASP .
â Monitoring Program :Prior to approval of the final map, the applicant shall contact the Cit y
Natural Resource Manager for review and approval of the final lot and street design to assure that
on-site natural resources are protected and preserved to the greatest extent required by th e
mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR . Sai d
design shall also be consistent with approvals required subsequent to this Tentative Map from Stat e
Dept. of Fish and Game and Army Corps of Engineers . Prior to any site preparation or constructio n
activities, the applicant shall also initiate and complete for approval by the City pre-constructio n
surveys for nesting birds and adhere to performance standard specified in the mitigation . Provision s
for required off-site mitigation shall be coordinated with and approved by the City Natural Resourc e
Manager prior to recordation of the Final Map . Periodic field inspections by City Staff during
construction will be necessary to assure site development conforms to mitigation measures an d
conditions of approval .
Preparation and Implementation of a "Construction-Related Hazardous Materials Managemen t
Plan"
8 . As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known ,
site/development-specific construction activities that will involve the hazardous materials . Th e
plan shall be prepared before construction activities begin that involve hazardous materials an d
shall discuss proper handling and disposal of materials used or produced onsite, such as petroleu m
products, concrete, and sanitary waste . The plan will also outline a specific protocol to identify
health risks associated with the presence of chemical compounds in the soil and/or groundwate r
and identify specific protective measures to be followed by the workers entering the work area . If
the presence of hazardous materials is suspected or encountered during construction-relate d
activities, the project proponent will cause Mitigation Measure HAZ-1 .2 to be activated .
Mitigation Measure HAZ-1 .2 states :
"The project proponent will complete a Phase I environmental site assessment for eac h
proposed public facility (e .g . streets and buried infrastructure). If Phase I site assessment s
indicate a potential for soil and/or groundwater contamination within or adjacent to the roa d
or utility alignments, a Phase II site assessment will be completed . The following Phase II
environmental site assessments will be prepared specific to soil and/or groundwate r
contamination .
a. Soil Contamination .For soil contamination, the Phase II site assessment will includ e
soil sampling and analysis for anticipated contaminating substances . If soi l
contamination is exposed during construction, the San Luis Obispo Fire Departmen t
(SLOFD) will be notified and a work plan to characterize and possibly remov e
contaminated soil will be prepared, submitted and approved .
Attachment 2
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Resolution No . 9917 (2007 Series )
Page 7
b .Groundwater Contamination .For groundwater contamination, the Phase II assessmen t
may include monitoring well installation, groundwater sampling, and analysis fo r
anticipated contaminating substances . If groundwater contaminated by potentiall y
hazardous materials is expected to be extracted during dewatering, the SLOFD and th e
Central Coast RWQCB will be notified . A contingency plan to dispose of contaminated
groundwater will be developed in agreement with the SLOFD and Central Coas t
RWQCB.
â Monitoring Program :The "Construction-Related Hazardous Materials Management Plan" will b e
required to be submitted to the City Community Development Department and Fire Department for
review prior to commencement of any site preparation or construction work involving hazardou s
materials . No site preparation or construction work may commence before said plan has bee n
approved by the City . Any site work commenced without City approval of said Plan will be subjec t
to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fir e
Department .
SECTION 3 .Action .The City Council does hereby approve Application TR/PD/ER 98-06 wit h
incorporation of the following conditions and code requirements into the project :
Conditions :
Streets :
1 . Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a
detailed schedule and delivery "Plan", to be approved by the Public Works Director, for th e
improvement of Prado Road between its eastern terminus at the current City boundary and Broad
Street . For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced i n
two segments . The first segment shall be the new roadway from the present easterly terminus (Cit y
boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Trac t
2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Pla n
(MASP)). This first segment shall be referred to as the "Prado Road Extension - Western Enclave "
segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection o n
Tract 2353, easterly, to Broad Street . This second segment shall be referred to as the "Prado Roa d
Extension - "M" Street to Broad" segment (PRE-MB).
At a minimum, the Plan shall address the following milestones for Right-of-Way acquisition, design
and construction :
a . At the time of submittal of any plans for final map and/or improvement plan checking : The
subdivider shall submit construction drawings and specifications for the full width improvemen t
of the "Prado Road Extension - Western Enclave" segment (PRE-WE), and shall submi t
schematic plans for the full width improvement of the "Prado Road Extension - "M" Street t o
Broad" segment (PRE-MB). The final map and improvement plans will follow approximately 6
months after the date of the approval of the Tentative Map . During this time the City as well a s
area property owners will be involved in the review of updated drafts and the selection of th e
proper engineering company as well as overseeing the design . Following Tentative Map
approval, the Western Enclave Property Owners (WEPO) and the City will establish a
Attachment 2
PH6 - 12
Resolution No . 9917 (2007 Series )
Page 8
Stakeholder Group comprised of MASP property owners and public utility companies, etc . t o
augment/expedite the conceptual design of the PRE-MB component of the Roadway .
b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm
drainage, landscaping, center median improvements and other necessary street appurtenances o r
as otherwise approved by the Director of Public Works .
c.Off-site dedication of property for public right-of-way purposes is necessary to facilitate th e
construction of Prado Road . The subdivider shall exhaust all avenues available to acquire sai d
public right-of-way dedication . In the event the subdivider is unable to acquire said property, th e
City Council will lend the subdivider its powers of condemnation to acquire the off-site right-of-
way dedication, including any necessary slope and drainage easements . If condemnation i s
required, the subdivider shall agree to pay all costs associated with the off-site right-of-wa y
acquisition (including attorney and court costs). The subdivider is responsible for constructio n
of the necessary street improvements and striping, to the satisfaction of the Public Work s
Director.
d.Subject to the availability of necessary right-of-way, the subdivider shall complet e
construction of the PRE-WE segment prior to occupancy of the 50th unit within th e
subdivision . If right-of-way is not available at the time of approval of the final map, th e
subdivider may submit a plan for providing interim, secondary access to the WEP O
properties that is subject to approval by the Public Works Director . This secondary acces s
shall be completed prior to granting of occupancy permits and may be required to b e
removed at a later time when additional access is provided from adjacent properties .
e.At the time of recording the final map, the subdivider shall bond for the completion of th e
engineering plans and specifications, environmental review, if necessary, and associate d
construction permits for the PRE-MB segment . The subdivider shall complete the construction
drawings and specifications for the PRE-MB segment on or before the 100th unit is occupied i n
the Western Enclave (approx . 1 year after Tentative Map Approval). If, at the time of Final Ma p
approval, a detailed engineered cost estimate for the PRE-MB section of roadway has not ye t
been completed, the City may require that the developer (property owners) sign a waiver no t
opposing the possible future formation of a community facilities district or other such financin g
mechanism, that would fund any final project costs for the construction of PRE-MB that are no t
contained in the Margarita Area Specific Plan Impact Fee estimates .
f.Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum : (1 )
initiate the construction of the northern half, or some modified section of the roadway subject t o
approval by the Director of Public Works, of the PRE-MB segment prior to occupancy of th e
200th residential unit in the Western Enclave (approx . 3 years after Tentative Map Approval),
and (2) complete construction of the northern half of the PRE-MB segment prior to occupancy o f
the 300th residential unit in the Western Enclave (approx . 5 years after Tentative Map
Approval). If right-of-way is not available at the time of requests for occupancy, the City wil l
determine if public acquisition of said right-of-way is necessary or the subdivider will b e
required to submit an interim plan for providing secondary access the Western Enclave that shal l
be approved by the Public Works Director .
g . As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall
Attachment 2
PH6 - 13
Resolution No . 9917 (2007 Series )
Page 9
submit a reimbursement proposal and schedule for the costs associated with the environmental ,
engineering and construction of Prado Road in its entirety, as established by the MASP . Subject
to final approval of the City, the proposal may include fee credits and/or other appropriat e
mechanisms that may be applied against non-TIF city-wide and MASP impact fees as
development occurs, to facilitate completion of the Prado Road extension .
h . A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interi m
basis at the time of construction of PRE-WE and will remain in place until PRE-MB i s
completed and an additional access point is provided at an adopted MASP location .
2.Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall b e
paid prior to issuance of each building permit, subject to condition 1 .g . above .
3.The public improvement plans for VTTM 2353, VTTM 2428 (Revised) and VTTM 2342 shal l
consider the proposed or required phasing to be completed by the combined development know n
as Margarita Area Specific Plan Western Enclave . The public improvement plans for eac h
subdivision shall include any offsite improvements as considered necessary by the Director o f
Public Works to provide a reasonable transition between the subdivisions in the case that on e
project is developed before another . The scope of required improvements shall be approved to th e
satisfaction of the Public Works Director .
4.The final subdivision design and improvements shall comply with the Margarita Area Specifi c
Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standar d
Plans and Specifications, except as to any design deviations permitted herein .
5.Prior to final map approval, the final design, location, and number of traffic calming measure s
including bulb-outs, choke-downs, tabletops, roundabouts, neck-downs, etc . shall be reviewed and
approved by the Public Works Director . Choke-downs adjacent to open space corridors shall b e
lengthened to include the entire length of the open space corridor . Plans submitted for review shal l
include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axe l
truck's ability to negotiate the traffic calming features . Additional or alternative traffic contro l
measures such as raised tabletops may be required to comply with the MASP objective to "foste r
traffic volumes and speeds that will be compatible with the neighborhood ."
6.Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored afte r
development . The subdivider shall retain a qualified traffic consultant to conduct traffic count s
throughout the subdivision at locations approved by the Public Works Director . If traffic speeds o r
volumes exceed City standards during counts taken by the subdivider one year after fina l
occupancy of complete build-out of the subdivision or acceptance of public improvement s
whichever occurs later, the subdivider shall be responsible for installing additional traffic calmin g
measures to the approval of the Public Works Director to reduce volume and speeds to compl y
with City standards .
7.The subdivision design shall include directional curb ramps wherever possible . The inclusion o f
bulb-outs at directional curb ramp locations is encouraged to decrease the roadway width to b e
crossed by a pedestrian .
8 .
Prior to approval of improvement plans, alternative paving materials proposed within the public
Attachment 2
PH6 - 14
Resolution No . 9917 (2007 Series )
Page 1 0
right-of-way shall be approved by the Public Works Director. Alternative paving materials shal l
be maintained by the Homeowner's Association .
9.Except for the 71-acre lot donated to the City, project common areas including, but not limited to ,
landscaped parkways and Class I pathways (other than Prado Road) shall be owned an d
maintained in perpetuity for public use by the Master Homeowner's Association . Water meters fo r
common landscape areas including but not limited to parkways, medians, roundabouts an d
pathway corridors are subject to water impact and water meter installation fees and shall be pai d
for by the subdivider .
10.The final locations of multi-use path connections to public streets shall be reviewed and approve d
by the Natural Resources Manager and City Traffic Engineer . Where multi-use paths intersec t
public streets, the roadway shall be narrowed and the crossing designed perpendicular to the
roadway .
11.The final design and location of private streets and fire access ways, and the approaches theret o
onto public streets, shall be reviewed and approved by the Public Works Director and Fir e
Department . Plans submitted for review shall include a turning diagram demonstrating a fire ,
garbage or other large city or delivery multi-axel truck's ability to negotiate into and within th e
private streets and access ways within the proposed "PD" and Lot 178 portions of the site .
12.The proposed street bulb-outs shall be designed with minimum inside and outside radii of 20' an d
10' respectively .
13.Analysis of the street drainage design shall be provided with the submittal of complete publi c
improvement plans . Streets designed with a quarter crown shall justify the curb capacities i n
accordance with city standards . Some areas may require that the bulb-outs be reduced in depth o r
removed completely to accommodate the drainage along the high side of the street .
14.Bulb-outs at T-intersections may need to be replaced with standard curb returns of a smaller radiu s
to achieve the desired traffic calming goals and to accommodate street drainage .
15.The number and location of catch basin shall consider city standard spacing and drainage desig n
requirements . The number of catch basins shall be limited to those required by code and/or desig n
to the satisfaction of the City Engineer .
16.The transition between Street N and Street W shall be approved to the satisfaction of the Cit y
Engineer . Moving of the quarter crown section from one side of the street to the opposite sid e
shall not be completed with a super-elevated section unless all drainage issues are addressed .
17.Street intersections shall be provided with directional curb ramps in accordance with city and AD A
standards or guidelines . T-intersections shall include receiving ramps on the through street.
On &Off-Site Improvements :
18.With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s) shal l
either :
a .
Clearly demonstrate their right to construct the improvements by showing title or interest in
Attachment 2
PH6 - 15
Resolution No . 9917 (2007 Series )
Page 11
the property in a form acceptable to the City Engineer ; o r
b . Request in writing that the subdivider has exhausted all reasonable efforts to acquire interes t
to the subject property and that the City assist in acquiring the property required for th e
construction of such improvements and exercise its power of eminent domain in accordanc e
with Government Code Section 66462 .5 to do so, if necessary . Subdivider shall also ente r
into an agreement with the City to pay all costs of such acquisition, including, but not limite d
to, all costs associated with condemnation . Said agreement shall be in a form acceptable t o
the City Engineer and the City Attorney . If condemnation proceedings are required, th e
Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parce l
Map), submit, in a form acceptable to the City Engineer, the following documents regardin g
the property to be acquired :
i.Property legal description and sketch stamped and signed by a Licensed Land Surveyo r
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 suc h
appraisal, the property owner(s) must be given an opportunity to accompany th e
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 purchas e
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, th e
Subdivider shall deposit with the City all or a portion of the anticipated costs, a s
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 b e
followed .
19 . Should the final design for the stormwater detention basin require the installation of a stormwate r
pumping station in order to provide an outlet for the detention basin, the final pump station desig n
shall be in accordance with Section 8 of the WWMP-DDM and the following "
a.The pump station shall be a triplex design .
b.The pump station shall be designed to discharge at the 100 year pre-developed rate with al l
three pumps running, the 10 year pre-developed rate with two pumps running and the 2 yea r
pre-developed rate with only one pump in operation . At no time shall the pump discharge rat e
exceed that of the pre-development flow rates for each of the design storms . Or the pump
station shall consist for a variable speed drive that matches the required discharge regime .
c.The pump discharge shall be designed such that no erosion damage will occur .
Attachment 2
PH6 - 16
Resolution No . 9917 (2007 Series )
Page 1 2
d . The pump shall discharge into a natural waterway or into an easement to which th e
subdividers, their heirs and/or assigns have rights to .
20.The final subdivision design shall incorporate stormwater quality BMPs with the January 200 5
edition of the Engineering Standards, shall be designed to treat the stormwater runoff from al l
developed surfaces excluding rooftops but including all private and public streets, and shall b e
subject to the approval of the City Engineer .
21.The final design of any stormwater detention or treatment facilities shall incorporate al l
recommendations from the final geotechnical report into the design of said facilities . The final
geotechnical report shall address the effect, if any, of detaining stormwater in close proximity t o
the existing soil contamination .
22.The final design of the proposed off-site stormwater detention facilities shall also take int o
consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on th e
FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obisp o
County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establis h
the base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of an y
plans for ground disturbing activities ; then process the final documents once Grading is complete .
The design of any stormwater facilities shall be in compliance with the WWMP-DDM requiremen t
for construction within a Special Floodplain Management Zone ; i .e . no significant net loss o f
floodplain storage .
23.The subdivider shall secure the rights for the regional stormwater detention basin prior to o r
concurrently with the final subdivision maps . Should the subdividers be unsuccessful in acquirin g
off-site property for the construction of the stormwater facilities, the subdivider shall either : a)
revise the maps to reflect appropriately sized on-site detention of stormwater pursuant to the City's
Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assis t
in securing the property following procedures as outlined above . All costs associated wit h
securing said rights including the eminent domain process shall be borne by the subdividers .
24.Prior to the approval of the public improvement plans the subdivider(s) shall have received a n
approved grading permit from the County of San Luis Obispo a written waiver for the constructio n
of any facilities outside the City's corporate limits . Should San Luis Obispo County defer to the
City for the processing of the grading permits for property outside the City corporate boundary, th e
subdivider(s) shall process the grading permit with the City Public Works Departmen t
concurrently with the improvements plans and pay all fees associated said grading in accordanc e
with the Public Works Department Fee schedule for plan checking and inspection in effect at th e
time of permit processing .
25.To the degree feasible, shared driveways shall be utilized to reduce the number of driveway cur b
cuts in the subdivision and increase the provision of on-street parking . Prior to hearing by ARC ,
the applicant shall provide plans to the Public Works Department with additional detail adequate t o
show locations of all proposed shared driveways .
26.Where a Class 1 bicycle path provides access across a public street, raised decorative paving ,
choke-downs, curb ramps and signage shall be provided and the street crossing shall be designe d
to direct pedestrians across the roadway in a perpendicular manner, consistent with the 2007
Attachment 2
PH6 - 17
Resolution No . 9917 (2007 Series)
Page 1 3
Bicycle Transportation Plan .
27.The subdivider shall install private street lighting along the private internal streets per Cit y
standards, public street lighting along public streets interior to the subdivision, and off-site publi c
street lighting along Prado Road leading to and from the development, as determined by th e
Director of Public Works . All public and private street lighting installed by the developer shal l
include the luminaires as well as all wiring and conduit necessary to energize the light standard s
from PG& E's point of service .
Water, Sewer, Solid Waste &Utilities :
28.The subdivider's engineer shall submit water demand and wastewater generation calculations s o
that the City can make a determination as to the adequacy of the supporting infrastructure. If it i s
discovered that an off-site deficiency exists, the owner will be required to mitigate the deficienc y
as a part of the overall project .
29.Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the
Utilities Engineer .
30.The water mains, sewer mains, and sewer force mains when attached or included with a bridge ,
shall be sleeved and encased within the bridge structure or located above the lowest point so as t o
protect the pipelines from the high water flow .
31.Sewer backwater valves may be required on some lots . The subdivider's engineer shall apply th e
City's criteria to the design to determine which lots will need backwater valves on the sewe r
laterals, per City and UPC standards .
32.In areas where the pressure in the water system exceeds 80 psi, the service line shall include a
pressure regulator downstream of the water meter, where the water service enters the building .
33.The sewer and water mains should be located approximately 6 feet on either side of the stree t
centerline . All final grades and alignments of all public water, sewer and storm drains (includin g
service laterals and meters) are subject to modifications to the satisfaction of the Public Work s
Director and Utilities Engineer .
34.The subdivision layout and preliminary utility plans shall include provisions for irrigating commo n
areas, parks, detention basins, and other large landscape areas with recycled water . Appropriatel y
sized reclaimed water mains shall be designed and constructed from the City's trunk system t o
these irrigation areas . If other use areas exist beyond the proposed subdivision, the mains shall b e
appropriately sized to provide for future use areas and extended to the boundary of the tract . If
reclaimed water is not available at the time the recycled water is needed, the system shall b e
designed and constructed to reclaimed water standards, and temporarily connected to the City's
potable water system in the area of the anticipated connection to the reclaimed water system .
35.Prior to hearing before the Architectural Review Commission (ARC), the applicant shall ad d
additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, wate r
meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste
Attachment 2
PH6 - 18
Resolution No . 9917 (2007 Series )
Page 1 4
collection vehicle's ability to safely maneuver and access containers on the private roads in the PD
portion of the development), to the satisfaction of the Utilities Department . Said details shall als o
indicate appropriate screening for backflow preventers, and shall clearly indicate any requeste d
deviations from City standards .
36.Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that
indicates how any parkway areas associated with detached and/or meandering sidewalks can b e
irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code ,
to the satisfaction of the Utilities Department . Parkways shall be a minimum of 6-feet in width to
allow the planting of street trees .
37.Recycled water will be required to be used throughout the development to the maximum exten t
feasible . Recycled water use areas will include any landscape or turf areas that are under commo n
ownership or control, and for which the maintenance will be by contract .
38.Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show th e
width, grade, structural cross-section and turning radii of all fire access roads and connections wit h
public or private roads within the subdivision and within the 71-acre open space lot are suitable fo r
travel by City fire trucks .
Grading &Drainage :
39.The final grading plan shall include provisions to comply with the soils engineer's
recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access .
The soils engineer shall supervise all grading operations and certify the stability of the slopes prio r
to acceptance of the tract and/or issuance of building permits .
40.Clearing of any portion of the existing creek and drainage channels, including any required tre e
removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Work s
Director, Corp . of Engineers and the Dept . of Fish & Game. Certain trees may require safet y
pruning by a certified Arborist as determined by the City Arborist .
41.The developer of VTM #2428 shall begin grading operations related to site preparation an d
infrastructure construction near the westerly edge of the property in order to reduce the potentia l
for short term impacts of "herding" rodents and other small animals toward the adjacent mobil e
home park.
42.Any required grading for storm flow collection features behind Lots 19-57 shall be done to th e
satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director .
43.All driveways shall comply with City Engineering Standards #2130 and #2140 for down-slopin g
and up-sloping driveways .
44.With regard to down-sloping and up-sloping driveways, common driveways shall be considere d
throughout the subdivision at the time of review by the Architectural Review Commission ,
particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53, 54/55 & 56/57, suc h
that driveway slopes do not exceed 20%.
45 . The final pad grading and certification shall be in accordance with the approved plans, grading
Attachment 2
PH6 - 19
Resolution No . 9917 (2007 Series )
Page 1 5
ordinance, and final soils engineer recommendations . The public improvement plans shall be
reviewed by the project soils engineer . The soils engineer shall provide written notification to th e
city indicating that the plans have been reviewed and are in general conformance with the repor t
recommendations .
46.Depending on the timing of subdivision grading and/or building permit applications, the 200 7
California Building Code, based on the 2006 International Building Code may be in effect . The
provisions of the new CBC/IBC may differ from those of the current regulations . The soils
engineer shall provide an appropriate response regarding the current grading recommendations i n
comparison to the new codes to the satisfaction of the City Engineer and Building Official .
47.Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all grade d
pads and for in-situ soils on natural lots where deemed necessary by the City Engineer or Buildin g
Official .
48.Final pad certifications shall include the certification of pad construction and elevations . The soil s
engineer shall certify all grading prior to acceptance of the public improvements and/or prior to
building permit issuance . The certification shall indicate that the graded pads are suitable for thei r
intended use .
49.Cut and fill slopes shall be protected as recommended by the soils engineer . Brow ditches ,
drainage collection devices, and drainage piping may be required . The public improvement plan s
and final map shall reflect any additional improvements and easements necessary for slop e
protection and maintenance .
50.Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city
prior to commencing with public improvements or subdivision grading . If off-site improvement s
are not complete, a phasing plan and on-site detention may be required .
51.The width of all public or private drainage easements shall be approved to the satisfaction of th e
City Engineer . Drainage easements requiring subsurface piping systems shall not be less than 15 '
in width . Surface drainage improvements located along the westerly and southerly trac t
boundaries shall be located in easements not less than 10' in width .
52.The interceptor drainage ditch located along Lots 75 – 80 shall be constructed with an approve d
outlet to the existing drainage channels or to an approved off-site drainage easement .
53.The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of the HO A
maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resourc e
Manager .
54.The interceptor ditch shall be designed to accommodate any improved or diverted runoff from th e
existing or proposed trail improvements .
55.The public improvement plans and final drainage report shall include additional analysis of th e
runoff from the existing and proposed trails or access roads . The proposed interceptor ditch shal l
be extended to protect Lots 52 – 57 if necessary .
56 . The abandoned access road crossing Lots 44 – 51 shall be likewise evaluated . The road drainage
Attachment 2
PH6 - 20
Resolution No . 9917 (2007 Series )
Page 1 6
shall be clearly defined and drainage improvements and easements shall be provided if necessary .
The road may be re-graded to eliminate any cross lot drainage if applicable .
57.The presence of springs within the development area has been identified by the soils engineer a s
one of the primary geotechnical concerns . All areas of known or observed seeps and springs shal l
be specifically addressed by the soils engineer . General recommendations shall be provided for al l
lot areas, roadways, and for the installation of utilities .
58.Drainage systems designed to collect spring water or other sub-surface waters shall be directed t o
the natural drainage channels to the maximum extent feasible . Subsurface drainages shall not b e
directed to the surface of the public streets unless otherwise approved by the City Engineer .
59.Utility trenches shall be protected with trench dams based on recommendations by the soil s
engineer . Trenches to individual Lots shall be likewise protected to avoid the collection an d
deposition of sub-surface drainage to under-floor or under-slab areas . Relief drains shall outlet t o
a location approved by the City Engineer .
60.If nuisance spring water is expected or encountered with the subdivision improvements and/o r
home construction, a separate French drain system may be required with storm drain extensions t o
individual lots or areas of concern .
Homeowners' Association :
61.The subdivider shall submit CC&R's with the Final Map that established a "Margarita Are a
Master Homeowner's Association" (Master HOA). The Master HOA shall include th e
subdivider's tract, and provide for the automatic annexation of all subsequent potential tract s
within the Margarita Specific Plan area . The subsequent tracts may, at their sole discretion, annex
to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own ,
independent HOA, to manage their common area improvements . The Master HOA, and any an d
all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all commo n
area drainage channels, on-site and/or sub-regional drainage basins and conveyance improvement s
and the Margarita median landscaping and trail network . The Master HOA shall also annuall y
maintain a 30' wide wildland fuel reduction zone along all open space lots abutting development s
within the MASP . The CC&R's shall be approved by the City Attorney prior to recordation of the
Final Map, or any phase thereof ."
62.The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lot s
designated as "Open Space" or "Wetlands Mitigation" (except for the 71-acre lot of the King map ,
which is proposed for donation to the City). Those open space areas that accommodate trail s
intended for public use shall be maintained for public access in perpetuity . Maintenance
responsibilities shall also include maintenance of any cut or fill slopes required to make the swal e
and berm . The storm drainage system within private streets shall be privately owned an d
maintained by the MHOA (to be included in CC& R's).
63.The MHOA shall be responsible for maintaining any required red curbing and fire lane signag e
approved within the subdivision .
64.Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by th e
City Attorney and Community Development Director prior to final map approval . CC&R's shall
Attachment 2
PH6 - 21
Resolution No . 9917 (2007 Series )
Page 1 7
contain the following provisions that pertain to all lots :
a.Creation of a master homeowners' association if none exists or annexation into a n
existing MHOA, if one exists .
b.No parking except in approved, designated spaces .
c.No change in city-required provisions of the CC&R's without prior City Council
approval .
d.Provision for all of the maintenance responsibilities outlined in various conditions herein .
e.The subdivider shall submit common driveway agreements for those lots with shared acces s
including maintenance provisions, to the approval of the Community Development Director a t
the time of final map approval .
f.The MOHA shall be responsible for maintenance of the drainage swale running along an d
behind Lots 19-57 (i .e . all lots backing onto the 71-acre open space lot), as depicted on sheet 2
of the Vesting Tentative Map .
g .Drainage swales along the west and south tract boundaries shall be maintained, repaired and/o r
replaced by individual lot owners in such a way as to allow clear and unobstructed storm wate r
flows . No storage, alterations, construction and/or landscaping may be permitted in or aroun d
these swales in a manner that interferes with accessibility to, the design, and function of th e
overall tract storm drainage system . In the event that individual lot owners do not properl y
maintain, repair and/or replace the drainage improvements, the MHOA shall have the righ t
under the CC&R's to enter said lot owner's property, effect such maintenance, repair and/o r
replacement, and bill said owner for costs related thereto . In the event MHOA is unwilling o r
unable to manage the storm system within the any portion of the tract (including the PD Zon e
as noted below), the City shall have the right to enter said property and maintain, make repair s
and/or replace storm drainage system features and bill the MHOA for said work . MHOA an d
City access will be established through storm drainage easements recorded with the final map .
Fencing designs shall not interfere with the functionality of the swales . The locations an d
designs of project fencing shall be to the review and approval of the Architectural Revie w
Commission along with their review of other project development plans .
65 . With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the CC&Rs shal l
contain the following provisions, in addition to the above :
a.Creation of a homeowners' association to enforce the CC&Rs and provide for professional ,
perpetual maintenance of all common areas including private driveways, drainage swales an d
storm drainage improvements, on-site sewer facilities, parking lot areas, walls and fences ,
lighting, and landscaping lying outside of private building footprints and patios .
b.Grant to the City the right to maintain common areas if the homeowners' association fails t o
perform, and to assess the homeowners' association for expenses incurred, and the right of th e
City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final ma p
are being met .
Attachment 2
PH6 - 22
Resolution No . 9917 (2007 Series )
Page 18
c.No parking except in approved, designated spaces .
d.Grant to the city the right to tow away vehicles on a complaint basis which are parked i n
unauthorized places .
e.No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage o f
inoperable vehicles .
f.No outdoor storage by individual units except in designated storage areas .
g.No change in City-required provisions of the CC&Rs without prior City Counci l
approval .
h.Homeowners' association shall file with the City Clerk the names and addresses of al l
officers of the homeowners' association within 15 days of any change in officers of th e
association .
i.Provision of appropriate "no parking" signs and red-curbing along interior roadways a s
required by the City Fire Department .
j.CC&Rs shall not prohibit location of solar clothes drying facilities in private yards
whic h
are substantially screened from view .
k.All garages must be available for parking a vehicle at all times, to be enforced by th e
homeowners association and the City .
1 . No change in City-required provisions for trash collection without prior approval by the
Community Development Director .
Paths/Open Space :
66.The multi-use paths should be 12 feet in width as called for in the Specific Plan, however the Natura l
Resource Manager and Public Works Director may approve a narrower path in locations that will b e
used by pedestrians only or where environmental conditions warrant a narrower path based o n
consideration of in-the-field found conditions .
67.Final design (including materials, location, width, bridging and lighting) of pathways shall b e
reviewed and approved by the Natural Resources Manager and Public Works Director .
68.Class I path crossings at "N" St . should be perpendicular to the street . A cross section should b e
developed to show transition of path up to the roadway crossing . A raised table-top design wit h
decorative pavement, choke-downs, and signage shall be provided and crossing shall be designe d
to direct pedestrians to cross the roadway in a direct perpendicular manner, consistent with th e
2007 Bicycle Transportation Plan .
69.Pathway extending from Open Space lot to "N" St . should be shown to cross "N" St, to "D" St . as
indicated by MASP .
70 . A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical
Attachment 2
PH6 - 23
Resolution No . 9917 (2007 Series )
Page 1 9
connection to the terminus of Calle Jazmin .
71.The mid-block crossing of "S" Street shall be eliminated due to its close proximity to Calle Malva .
72.The proposed bridge crossings shall provide an accessible path-of-travel in accordance with th e
current codes .
Air Quality :
73.All activities associated with construction and operation for the subdivision map shall comply at al l
times with all current APCD Rules and Regulations as applicable, including but not limited to PM-10 ,
NOx emissions, Naturally Occurring Asbestos, Best Available Control Technologies, constructio n
activity management plans, and phasing techniques .
Housing Programs :
74.Lots 171-175 of the "condominium" lots on the revised map, to be reserved for the development of 2 6
affordable housing units, shall be dedicated to the Housing Authority prior to, or in conjunction with ,
recording the first phase of Tentative Tract 2428 . Lots 176 & 177 are reserved for development of si x
(6) "open market"-rate condominium units . Improvement plans for Phase 1 of Tentative Tract 242 8
shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve th e
Housing Authority site . Additional affordable housing requirements will be required if the averag e
residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A o f
the City Housing Element.
Planning Requirements :
75.Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T'and elongated
such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for th e
intersecting street leg .
76.City Standard driveway approaches shall be provided at alley private access points to public street s
to and provide adequate line of sight where red curbing would otherwise be needed .
77.All lighting within the subdivision shall comply with the lighting standards contained in the San Lui s
Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures liste d
above .
78.Guest parking spaces shall be designed so motorists can enter and exit the public street in a forwar d
motion, in no more than 2 movements .
79.In order to be consistent with the requirements of the Margarita Area Specific Plan and Count y
Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit an d
protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obisp o
County Airport via an avigation easement document prior to the recordation of the final map .
80.In the event archaeological resources are discovered in conjunction with a construction project, al l
activities shall cease and the Community Development Department shall be notified so that th e
procedures required by state law may be applied .
Attachment 2
PH6 - 24
Resolution No . 9917 (2007 Series )
Page 20
81.New development shall implement all feasible measures to minimize the use of conventional energ y
for space heating and cooling, water heating and illumination by means of proper design an d
orientation, including the provision and protection of solar exposure .
82.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnify and hol d
harmless the City and/or its agents, officers and employees from any claim, action or proceedin g
against the City and/or its agents, officers or employees to attack, set aside, void or annul, th e
approval by the City of this subdivision, and all actions relating thereto, including but not limite d
to environmental review .
83.Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby designate d
sensitive sites and must comply with the Community Design Guidelines for hillside development .
Individual lot development shall be subject to the review and approval of the Architectural Revie w
Commission (ARC). Planning staff may make the determination upon submittal of complete plan s
if the minor or incidental architectural review process is appropriate .
84.Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall comply wit h
all applicable local and state fire code requirements, subject to the approval of the Fire Marshal .A
final fire management plan outlining fuel minimization and maintenance proposals shall be submitted
along with subdivision improvement plans to the approval of the Natural Resources Manager and th e
Fire Department .
85.Where the finished pad elevation for a lot along the westerly and southerly boundary of thi s
subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to i t
within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353, developmen t
of said higher lot within VTM 2428 shall be limited to a single story structure . In no instance shal l
rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park, El Camino Estate s
or approved TM #2353 be less than 20 feet .
86.Except as required above, the following additional conditions of approval relate to requeste d
exceptions to standard City requirements and will apply only within the area rezoned for "PD "
Planned Development Overlay :
a.Public street side yard setbacks shall be no less than 10 feet to the residence from edge
o f
right-of-way and no less than 20 feet to the garage that has access to the public street .
b.Street-side setbacks on private streets shall be no less than 5 feet to the residence and no les s
than 20 feet to the garage from the centerline of the private street for Lots 117 through 137 ; for all
other lots, no less than 15 feet from garages to the centerline of the private
street and no less than
5 feet for all other non-street fronting side and rear yard setbacks .
c.Lot coverage by structures shall be no more than 75% of total net lot area, excluding
garages
and carports, patios, decks and roof overhangs .
d.Upper floor setbacks from property lines need not be more than as required for the ground floo r
portion of the structure .
e.All patio areas exterior to the residence may not exceed an aggregate total area of 500
square
feet .
Attachment 2
PH6 - 25
Resolution No . 9917 (2007 Series )
Page 21
f.No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet .)
g.Driveway depths for garages facing private streets shall be designed to accommodate a parkin g
space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of th e
common area portion of the drive or street . Variations of design to meet this performance standar d
will be subject to approval of the Community Development Director and final plans shall be
reviewed and approved by the ARC .
h.In no event will a floor plan for a lot be allowed that provides more bedrooms than
allowed by the MASP for the size of the lot. (Ref. Section 2 .2 .2 of the MASP.)
87.Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise o r
animal movements) shall be given to all owners and occupants of residential or commercial propertie s
within 100 feet of such activity and all residents and owners within the Chumash Village Mobil e
Home Park . Such notice shall inform neighbors at least two weeks prior to commencement o f
activities such as clearing or grading which may result in dust, noise, or animal movements, that suc h
activity is about to take place and advising that certain precautions may be taken to reduce o r
minimize any effects there from .
88.Prior to review by the Architectural Review Commission, the applicant shall provide specific scale d
illustrations showing precise dimensions, area and locations of both private and common open spac e
together with complete tabulations demonstrating compliance with open space requirements o f
Section 16 .17 .030 . B . of the City Subdivision Ordinance .
89.Prior to review by the Architectural Review Commission, the applicant shall provide tabulations o f
and specific scaled site plans showing precise dimensions for all guest parking facilities within the
single-family portion of the Planned Development component . Without unduly adding hardscape t o
the site, the amount of guest parking spaces shall be maximized to prevent overspill onto adjacen t
public streets and more closely meet expected demand .
90.Within the affordable housing component of the project, parking spaces shall be provided that ar e
nearby and convenient to all units .
91.All fireplaces within the development shall be gas-supplied, rather than wood-burning .
92.To assure more functional and safe access along the minimum 24-foot wide private drive leadin g
from "S" Street to the affordable housing component, all lots with frontages along this privat e
drive (Lots 159 & 160, and 165 -170) shall be designed with side-loaded garages so that vehicle s
are not directly backing out into the private drive .
Code Requirements :
1.
Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuanc e
of building permits .
2.
The property is tributary to the Laguna Sewer Lift Station . Appropriate Lift Station Fees shall b e
paid prior to the final map approval .
3 . Appropriate backflow prevention will be necessary on any connection to the City water system if
Attachment 2
PH6 - 26
Resolution No . 9917 (2007 Series )
Page 22
the property includes an active well .
4.EPA Requirement :General Construction Activity Storm Water Permits are required for all stor m
water discharges associated with a construction activity where clearing, grading and excavatio n
results in land disturbance of five or more acres . Storm water discharges of less than five acres ,
but which is part of a larger common plan of development or sale, also require a permit . Permit s
are required until the construction is complete . To be covered by a General Construction Activit y
Permit, the owner(s) of land where construction activity occurs must submit a completed "Notic e
of Intent" (NOI) form, with the appropriate fee, to the State Water Board .
5.
The subdivision design shall comply with the City's grading ordinance .
6.
Street trees shall be planted along the private street per City Standards (the number of trees i s
determined by one tree per 35 linear feet of street frontage).
7.All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc ., shall be tied t o
the City's Horizontal Control Network .At least two control points shall be used and a tabulation o f
the coordinates shall be submitted with the final map or parcel map . All coordinates submitted
shall be based on the City coordinate system . A 3 .5" diameter computer floppy disk, containin g
the appropriate data compatible with Auto CAD (Digital Interchange Format, DXF) for Geographi c
Information System (GIS) purposes, shall be submitted to the City Engineer .
8.The final map, public improvement plans and specifications shall use the International System o f
Units (metric system). The English System of Units may be used on the final map wher e
necessary (e .g . - all record data shall be entered on the map in the record units, metric translation s
should be in parenthesis), to the approval of the City Engineer .
9.Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall
have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6".
Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fir e
apparatus and shall be provided with a surface so as to provide all-weather driving capabilities . All
cul-de-sacs shall be minimum 40 foot radius .
10.Approved address numbers shall be placed on all new buildings in such a position to be plainly visibl e
and legible from the street fronting the property . Numbers shall be a minimum of 5" high x 1/z "stroke
and be on a contrasting background . [UFC 901 .4 .4 ]
11.Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC .
An approved water supply capable of providing the required fire flow for fire protection is required .
The fire flow shall be determined using applicable Appendices of the CFC .
12.Fire protection systems shall be installed in accordance with the CFC and the California Buildin g
Code . An approved NFPA system will be required for this project .
13.Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department approval) an d
shall be capable of supplying the required fire-flows .
Attachment 2
PH6 - 27
Resolution No . 9917 (2007 Series )
Page 23
On motion of Council Member Carter, seconded by Council Member Brown, and on th e
following roll call vote :
AYES :
Council Members Brown, Carter and Settle and Mayor Romer o
NOES :
Vice Mayor Mulhollan d
ABSENT :
None
The foregoing resolution was passed and adopted this 3 rd day of July 2007 .
Mayor David F . Romero
ATTEST :
APPROVED AS TO FORM :
Attachment 2
PH6 - 28
ORDINANCE NO. 1506 (2007 Series )
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDING TH E
ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R-2-SP and C/OS-SP T O
R-2-SP-PD AND C/OS-SP-PD, ON APPROXIMATELY 10 ACRES AT 3000 CALLE MALVA ,
MARGARITA AREA SPECIFIC PLAN (PD 98-06 ; KING VENTURES )
WHEREAS,the Planning Commission conducted a public hearing on May 23, 2007, an d
recommended approval of the Mitigated Negative Declaration and amendment to the site's Zoning a s
shown on Exhibit A ; an d
WHEREAS,the City Council held public hearing on July 3, 2007 and has considered testimon y
of other interested parties, the records of the Planning Commission hearing and action, and th e
evaluation and recommendation of staff ; an d
WHEREAS,the City Council finds that the proposed revisions are consistent with the Genera l
Plan, the purposes of the Zoning Regulations and other applicable City ordinances ; an d
WHEREAS,the City Council has considered the project's Mitigated Negative Declaration o f
environmental impact ; an d
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows :
SECTION 1 .The City Council makes the following findings :
1.The project is consistent with the General Plan and the applicable Margarita Area Specific Plan, an d
the proposed land uses are allowed within the applicable primary zoning districts, both existing and
proposed . The project provides exclusively residential and open space land uses on the subject site a s
required by the General Plan, MASP, and applicable zoning districts, accommodating the prescribe d
residential density ranges for Low, Medium and Medium-High Density land use designations, alon g
with a pro-rata share of Affordable Housing required for the Western Enclave area of the MASP, an d
preservation of open space as prescribed by the MASP .
2.The project complies with all applicable provisions of these Zoning Regulations including thos e
modifications as authorized herein by utilization of the PD Overlay rezoning .
3.The approved modifications to the development standards of Zoning Regulations through the P D
Overlay are necessary and appropriate to accommodate the superior design of the proposed project ,
its compatibility with adjacent land uses, and its successful mitigation of environmental impacts ,
because doing so enables concentrating more units within the central portion of the site to achiev e
higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks i n
perimeter lots for privacy protection to adjacent developed areas and allowing the open space lots to b e
centered on the alignment of the three drainage ways in their natural state without relocation .
4.As conditioned, the project complies with all the applicable City Design Guidelines . Further, the PD
rezoning areas includes detached and attached single family construction that follows the MAS P
Design Guidelines, including use of shared driveways, Craftsman architecture utilizing wood an d
stucco exteriors, one and two-story buildings, front and back porches, side and rear-loaded garage s
0 1506
Attachment 3
PH6 - 29
Ordinance No . 1506 (2007 Series )
Page 2
facing away from public streets, and common landscaping designs .
5.As conditioned all affected public facilities, services, and utilities are adequate to serve the propose d
project, particularly as relates to other already approved subdivisions within the Western Enclave o f
the MASP, for which the utility, services and infrastructure needs were designed comprehensivel y
and in coordinated manner .
6.The location, size, site planning, building design features, and operating characteristics of the projec t
are highly suited to the characteristics of the site and surrounding neighborhood, and will b e
compatible with the character of the site, and the land uses and development intended for th e
surrounding neighborhood by the General Plan and Margarita Area Specific Plan because th e
subdivision design is respectful of adjoining, established neighborhoods by placing fewer and large r
lots next to these developments and accommodating the minimum required rear yards prescribed in
the MASP . Grade elevations have also been modified by the revised subdivision design so that ne w
buildings do not "tower" over established neighborhoods .
7.The site is suitable for the project in terms of size, configuration, topography, and other applicabl e
features, and has appropriate access to public streets with adequate capacity to accommodate th e
quantity and type of traffic expected to be generated by the use, since the sloping constraints of th e
site have been designed predominantly as a single- family, detached-style development . Acces s
streets to the subdivision and connections to adjacent existing and approved development are entirely
consistent with the MASP Circulation Element requirements and prior EIR conclusions with respec t
to location and capacity, including provisions for construction of the Prado Road extension to Broad
Street .
8.The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in th e
circumstances of the particular case, be detrimental to the health, safety, or general welfare o f
persons residing or working in the vicinity of the proposed use, or detrimental or injurious t o
property and improvements in the neighborhood or to the general welfare of the City because, onc e
completed, the project will be a logical and appropriate expansion of the desired design and character
of the residential neighborhoods of the community as prescribed by the General Plan and MASP .
9.The project incorporates a minimum of two of four mandatory features to qualify for PD Overla y
Zoning as follows :
a . The project will preserve, enhance, and/or create a significant natural feature with a minimu m
area of one-half acre . The project proposes the creation of 6 lots that will encompass a total of 7 3
acres (about 73% of the total site) for open space use pursuant to the requirements of the MASP .
A donation of one such lot, Lot 178, comprising 71 acres along the south face of the South Hills ,
has already been offered to and accepted by the City as a conservation easement and ultimately ,
fee title . This lot will be preserved as a permanent open space, the use of which will be enhance d
through maintenance of wildland fire green-breaks, controlled public access and connection t o
other linear open space lots, centered on the site's three existing drainage ways, via a system o f
trails/paths connecting to and through adjacent existing and approved subdivisions consisten t
with requirements of the MASP .
Attachment 3
PH6 - 30
Ordinance No . 1506 (2007 Series )
Page 3
b . The project will provide a substantial public amenity, for example, a significant public plaza,a
public park, or a similar improved open space feature, including provisions for guaranteed long -
term maintenance not at the expense of the City . The project includes development of trails ,
public streets, public parking, habitat enhancement and open space/wildland fuel management a s
a part of the construction and on-going operation of the residential/planned development project .
Public benefits will accrue from the project's preservation of natural creek channels largely i n
their natural form and location, and a carefully integrated parallel storm water runoff collectio n
system (serving the entire Western Enclave development), and introduction of paths and trails t o
allow public access to these areas, while also accommodating the public benefit of access to an d
management of these waterways by the proposed Homeowners' Association for the tract an d
Western Enclave .
SECTION 2 . The Zoning Map Amendment is hereby approved and the central approximatel y
11 acres of the property rezoned to Planned Development (R-2-SP-PD and C/OS-SP-PD) as shown o n
the attached Exhibit A subject to the following conditions and conditions of approval as set forth in
Resolution No . 9917 (2007 series) approving related VTM No . 2428 .
1.Minimum lot widths in the R-2-PD zone shall be 35 feet .
2.Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of -
way and no less than 20 feet to the garage that has access to the public street .
3.Street-side setbacks on private streets shall be no less than 5 feet to the residence and no less tha n
20 feet to the garage from centerline of the private street for lots 117 through 137 ; for all other lots ,
no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for al l
other non-street fronting side and rear yard setbacks .
4.Except for driveways in front of garages or where guest parking is provided, all yard setback area s
shall be landscaped .
5.Lot coverage by structures shall be no more than 75% of total net lot areas, excluding garages an d
carports, patios, decks and roof overhangs .
6.Upper floor setbacks from property lines need not be more than as required for the ground floo r
portion of the structure .
7.All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet .
8.No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet).
9.Driveway depths for garages facing private streets shall be designed to accommodate a parkin g
space in front of a garage that prevents the parked vehicle from encroaching into the travel lane o f
the common area portion of the drive or street . Variations of design to meet this performanc e
standard will be subject to approval of the Community Development Director and final plans shal l
be reviewed and approved by the ARC .
Attachment 3
PH6 - 31
Ordinance No . 1506 (2007 Series )
Page 4
10.In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the
MASP for the size of the lot .
11.Development within the central Planned Development overlay area shall be developed consisten t
with plans dated January 2007 on file at the City Community Development Department, except a s
otherwise required by mitigations and conditions set forth herein and by Conditions of Approva l
required in Resolution No . 9917 (2007 Series) approving the Vesting Tentative Map No . 2428 .
SECTION 3 A summary of this ordinance, together with the names of Council members votin g
for and against, shall be published at least five (5) days prior to its final passage, in the Tribune,a
newspaper published and circulated in this City . This ordinance shall go into effect at the expiration o f
the thirty (30) days after its final passage or upon final approval of the annexation by the Local Agenc y
Formation Commission, whichever occurs later .
INTRODUCED on the 3 rd day of July 2007,AND FINALLY ADOPTED by the Council of th e
City of San Luis Obispo at its meeting held on the 17 th day of July 2007, on a motion of Counci l
Member Carter, seconded by Council Member Brown, and on the following roll call vote :
AYES :
Council Members Brown and Carter and Mayor Romero
NOES :
Vice Mayor Mulholland
ABSENT :
Council Member Settle
Mayor David F . Romero
ATTEST :
,62
Ll(Qo
Audrey Hoo
City Clerk
APPROVED AS TO FORM :
Jon than
wel l
City Attorney
Attachment 3
PH6 - 32
E3CHIBIT A
CIOS-40-SP
R-2-S P
.T71'1-1-S P
R-1
r
Existing R-1 R-1
w
aR-1
Proposed
R-2-SP-PD an d
C/OS-SP-PD
Attachment 3
PH6 - 33
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Attachment 5
PH6 - 53
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Consideration of proposed revisions to the conditions of approval for the previously approved Vesting Tentative Map (Tract 2428) and review of an Addendum to the previously approved Mitigated Negative Declaration. PROJECT ADDRESS: 3000 Calle Malva BY: Gary Kaiser, Senior Environmental Project Manager, Rincon Consultants Pam Ricci, Senior Planner Phone Number: 781-7168 E-mail: priccii@slocity.org FILE NUMBER: MOD/TR/ER 121-13 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1), which recommends approval
of certain modifications to project conditions to the City Council, based on findings, including a
finding supporting the preparation of an Addendum to the previously approved Mitigated Negative
Declaration, and subject to mitigation measures and conditions.
SITE DATA
SUMMARY
The applicant is proposing revisions to the conditions of approval relative to the construction of
Prado Road, similar to those requested with VTMs 2342 & 2353. Other modifications to the
conditions of approval are also being requested to address certain issues that have arisen subsequent
to the previous approval and to eliminate conditions that are no longer applicable or viable. The
applicant is proposing to phase the final map.
Applicant Margarita Ranch SLO, LLC
Representative TEC Civil Engineering Consultants
Zoning R-1, Low-Density Residential; R-2 &
R-2--PD, Medium-Density
Residential; R-3, Medium-High
Density Residential; and C/OS &
C/OS-PD, Conservation Open Space
(all with the Specific Plan overlay)
General Plan Low-Density Residential, Medium-
Density Residential, and Medium-
High Density Residential, &
Conservation Open Space
Site Area 99 acres
Environmental
Status
An Addendum of Environmental
Impact was prepared to document
the project’s consistency with the
Margarita Area Specific Plan (MASP)
EIR and subsequent tiered Mitigated
Negative Declaration.
Meeting Date: March 26, 2014
Item Number: 1
Prado Rd.
Attachment 6
PH6 - 54
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 2
Due to the extent of the conditions needing revisions, the conditions of approval have been
rewritten with new numbering therefore the attached version does not necessarily correspond to the
previous numbering system of the adopted conditions of approval. Staff has prepared a matrix
(Attachment 6) which summarizes changes to conditions and code requirements.
1.0 COMMISSION’S PURVIEW
The Planning Commission purview is to review the requests that the applicant has made to revise
conditions of approval and provide a recommendation to the City Council. The Commission will
also be reviewing the addendum to environmental impact report which documents the project’s
consistency with the MASP and the EIR prepared to analyze the development of the Specific Plan.
2.0 BACKGROUND
2.1 Project History
On October 12, 2004 the City Council certified the Final EIR for and approved the Margarita Area
Specific Plan (MASP), by Resolution No. 9615 (2004 series). The MASP Final EIR contained
numerous mitigation measures which are required be brought forward and incorporated into the
tiered environmental assessment prepared for this site specific project. A Tiered Mitigated Negative
Declaration (Tiered MND) and a vesting tentative map for Tract #2428 was approved by Council on
July 3, 2007 by Resolution No. 9917 (2007 Series) (Attachment 3). In addition, at the same City
Council meeting, a Planned Development overlay zoning was approved over the center of the site to
allow smaller lot sizes and greater density through Ordinance No. 1506 (2007 Series) (Attachment
4).
Vesting Tentative Tract Map (VTM) #2428 (Attachment 5) is a 178-lot subdivision, which was
designed and processed in coordination with two adjacent developments, VTM #2342 and VTM
#2353, in order to better achieve the objectives and requirements of the Margarita Area Specific
Plan (MASP). Collectively these three tract maps are referred to as the “Western Enclave” (of the
MASP). Initial submittals for improvement plans and final maps were made by the previous
property owners that originally processed the VTMs. However, with the downturn in the economy
in 2008-2009, the final map process was not competed. The subject VTM #2428 has received time
extensions and remains valid.
2.2 Situation
In 2012, the applicant for VTM #2342 submitted a request to modify conditions related to Prado
Road, with the intention of requesting the same modifications for VTM #2353 in the next year.
After performing due diligence and revising the prospectus for the project the applicant/owner of
VTM #2342 determined that the previous conditions of approval for the delivery of Prado Road
could not be met and still have a fiscally sound development project. The high initial cost for Prado
Road delivery outpaced the slower residential unit absorption rate for the project such that it made it
financially infeasible to carry out the required cost for early phases of the project.
In February 2013, the City Council considered and approved modifications to VTM #2342
conditions related to Prado Road. As expected, the applicant for VTM #2353 has filed a similar
Attachment 6
PH6 - 55
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 3
request, which the Planning Commission reviewed on March 12th and unanimously recommended
approval of to the City Council . The new owner of VTM #2428 also submitted an application for a
similar request to modify the original conditions of approval for the previously approved tentative
map.
The subject VTM #2428 does not have direct frontage on Prado Road but is required to help fund
Prado Road improvements. The traffic impact fees required of VTM #2428 constitute its share of
the cost to construct the Prado Road extension. The City has entered into a reimbursement
agreement to assist with the up-front costs to be borne by VTM #2342 and VTM #2353. Fees paid
by VTM #2428 will reimburse the City’s funds advanced to the developer of VTM # 2342 and
VTM #2353; the balance of traffic impact fees will contribute toward the easterly portion of the
Prado Road extension when it is constructed.
There are also changes proposed to the conditions to clarify the relationship between VTM #2428
and the other Western Enclave developments regarding maintenance of the Common Basin,
drainage ways and drainage infrastructure. The proposed changes to VTM #2428 conditions of
approval are aimed at addressing the current status of the common basin and the phased
implementation of the Prado Road improvements, but do not alter the tract design or density. The
intent is to move this project forward within the environmental parameters previously contemplated
under the Specific Plan, Programmatic FEIR and Mitigated Negative Declaration prepared for the
project. The proposed revisions will provide adequate primary and secondary circulation for the
project until the easterly segment of Prado Road to Broad Street is constructed.
The requested modifications to tract map conditions require the review of the Planning Commission
and approval by the City Council. Therefore, the Planning Commission's action on the requested
modifications will be a recommendation to the City Council.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
The project site is located in the southern part of
San Luis Obispo, within the MASP area and
consists of approximately 99 acres. The site is
situated east of what is currently the easterly
terminus of Margarita Avenue. Immediately to
the south of VTM #2428 are the approved VTM
#2342 and VTM #2353, which are currently
under construction per the MASP. All three
VTMs included in the Western Enclave are
highlighted on Figure 1 to the right. To the east of
approved VTM #2428 are lands owned by the
Damon and Garcia families, and to the south are
lands owned by L.J. and A.P. Martinelli. These
lands are primarily undeveloped or used
agriculturally, but they are also within the MASP
area and will eventually be developed pursuant to the MASP.
Figure 1: The Locations of the Western Enclave VTMs
Attachment 6
PH6 - 56
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 4
3.2 Project Description
Vesting Tentative Map (VTM) #2428 approved by the City Council on July 3, 2007 contains a total
of 178 lots designated as follows in accordance with the MASP:
165 lots for single family residential development (Lots 1-80, 86-170);
7 lots designated for condominium development (Lots 171-177); within which 26 required
Affordable Housing Program units will be provided on 5 of these lots (this represents the
previously agreed pro-rata share of the overall Affordable Housing component for the
Western Enclave; the balance of the required units will be provided within VTM #2353
(Mangano Homes) and 6 “market rate” condominium units on the remaining 2 lots (Lots
176 & 177); for a total of 32 Condominium units;
5 lots for “Open Space-Riparian” for permanent biological protection and drainage purposes
under common ownership by a Home Owners Association (Lots 81-85); and
1 lot for “Open Space-Hills” to be dedicated to the City for permanent public access (Lot
178).
The applicant is not proposing changes to the approved tentative map as part of this request.
VTM #2428 has primary access to the site from South Higuera Street through the existing El
Camino Estates subdivision adjacent to the south via the planned extension of Calle Malva from
Margarita Avenue. Alternate access is proposed to Prado Road through planned street connections
within the two proposed adjacent developments of the Western Enclave (VTM #2342 and VTM
#2353). The location of these accesses to the site as well as other proposed streets to complete
circulation internal to the subject subdivision, are all located in accordance with the Circulation Plan
of the adopted MASP.
VTM #2428 also includes 12’ Class I shared pedestrian/bicycle paths within Open Space Lots 82
and 83 with roadway crossings at ‘N’ Street for connection to the Open Space Lot 178 and its
established trail system along the South Hills. These paths may be narrowed in specified locations
based upon recommendations by the City Natural Resource Manager in order to accommodate
protection of or avoidance of interference with special concern species, in accordance with the
stipulations of Biological Mitigation Program for compliance with MASP/AASP EIR mitigation.
Five open space lots are included for multiple purposes, including biological and drainage
mitigation. These lots are sized so as to accommodate the natural drainage swale and appurtenant
setbacks for buffer protection.
As specified in the MASP, the Affordable Housing objectives of the plan will be achieved by two
separate parcels within the Western Enclave in order to provide a total of 47 units; Lots 171-175 of
the subject map will provide 26 of these required 47 units. These lots are proposed for dedication to
the San Luis Obispo County Housing Authority or equivalent entity once the units are built. Lot 105
of approved VTM #2353 (Mangano Homes) will accommodate the other 23 units in similar fashion,
on a lot to be dedicated to the Housing Authority or equivalent once the units are built.
Attachment 6
PH6 - 57
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 5
4.0 PROJECT ANALYSIS
With an approved vesting tentative map, the applicant has the “vested right” to develop in
substantial compliance with the ordinances, policies and standards in effect when the application
was determined complete on April 2, 2007, per Chapter 16.34 (Vesting Tentative Maps) of the
City’s Municipal Code and Sections 66474.2 and 66498.1 of the California Government Code
(Subdivision Map Act).
The Community Development Director has the authority to determine whether a final map is in
substantial compliance with an approved tentative map and may approve “minor corrections or
amendments” pursuant to Section 16.10.160 of the Subdivision Regulations. In this case, the
proposed revisions to conditions of approval have economic implications that may affect other
property owners. Therefore, the Director determined that the proposed revisions must be reviewed
by the Planning Commission and approved by the City Council.
The analysis of the requested modifications to VTM 2353 focuses on the following:
1) Prado Road Condition;
2) Open Space Dedication;
3) Phasing; and
4) Other Condition Changes
4.1 Prado Road Condition
Originally the three tract maps in the Western Enclave were all approved with the same condition
language in terms of the development of Prado Road (Condition No. 1 of the VTM resolutions).
With the approval by the City Council last year for a modified Prado Road section adjacent to Tract
2342 and a positive recommendation by the Planning Commission to the City Council for a similar
modified road section adjacent to VTM 2353, the applicant for VTM 2428 has requested
modifications to the original Prado Road condition as anticipated.
If the recommended modifications to the Prado Road condition requested by the applicant are
supported by the City Council on April 15th, then the applicant for the subject VTM #2428 will not
have the direct obligation to extend Prado Road to Broad Street. The traffic impact fees required of
VTM #2428 will constitute its share of the cost to construct the Prado Road extension. The City has
entered into a reimbursement agreement to assist with the up-front costs of constructing a portion of
Prado Road to be borne by VTM #2342 and a similar reimbursement agreement is anticipated to
occur with VTM #2353. Fees paid by VTM #2428 will reimburse the City’s funds advanced to the
developer of VTM # 2342 and VTM #2353; the balance of traffic impact fees will contribute
toward the easterly portion of the Prado Road extension when it is constructed.
As supported by the new traffic study performed by Central Coast Transportation Consulting dated
January 6, 2014, the proposed condition changes related to Prado Road development will provide
adequate primary and secondary circulation for the project and minimize impacts to existing streets
until the easterly segment of Prado Road to Broad Street is constructed.
Modifying conditions of approval for the three tracts in the Western Enclave resulting in Prado
Road east of VTM 2353 not being extended to Broad Street for an undefined timeframe also
Attachment 6
PH6 - 58
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 6
removes the connection of the Class I bikeway to Broad Street, the adjacent Damon Garcia Sports
Complex as well as neighborhood commercial sites at the Marigold Shopping Center. It is
important to note that because the MASP neighborhood recreational park is on the Damon-Garcia
property and not likely to be built soon, residents within the Western Enclave tracts will need to
access other recreational areas of the city that are distant and bicycle and pedestrian mobility to
these locations will be limited for quite some time.
With the goal to provide a transportation connection between the residential areas and the park and
retail uses along Broad Street as soon as possible, the City, in cooperation with the applicant and
adjacent property owner (Damon-Garcia), seeks to complete a pedestrian and bicycle connection
from the Western Enclave area to Broad Street. Lack of a bicycle/pedestrian connection will likely
increase the vehicle miles travelled needed from the subdivisions to other areas. Completion of the
Class I connection achieves goals of reducing greenhouse gas emissions and reliance on automobile
travel consistent with the active transportation objectives of both the General Plan and MASP.
Although development of the Class 1 bicycle connection is not a mitigation requirement for the
tract, the applicant has indicated support for completion of this facility subject to available right-of -
way, and the cooperation of the adjacent property owners and the City. Therefore, the recommended
Condition 1 of the draft resolution has been worded to establish the “framework” for the applicant
to work with the City toward implementation of this Class 1 bicycle connection. Therefore, this new
Condition 1 replaces the former Condition 1 that focused specifically on the development of the full
roadway.
4.2 Open Space Dedication
Lot 178, the 71-acre hillside parcel, of the subject VTM No. 2428 is still proposed for permanent
open space purposes. An offer of dedication to the City was previously accepted by City Council
action on March 7, 2006, by Resolution No. 9778 (2006 Series). The City Council subsequently
took action on May 15, 2007 by Resolution #9897 (2007 Series) to accept a conservation easement
on the subject 71 acre parcel (Lot 178).
The long-term goal is for Lot 178 to be dedicated in fee to the City. Condition No. 75 is included to
realize this goal.
4.3 VTM Phasing
The applicant is proposing to record their final map in three phases. A conceptual phasing plan has
been submitted which City staff has preliminarily reviewed and found to provide a logical, orderly
development pattern for the tract and to address access requirements. Condition No. 4 states that a
secondary access shall be required for every phase of the final map subject to the approval of the
Public Works Director and the Fire Marshal.
4.4 Other Condition Changes
Other proposed changes to the conditions of approval for approved VTM #2353 would clarify the
relationship between VTM #2428 and the other Western Enclave developments in regards to
maintenance of the common basin, drainage ways and drainage infrastructure. The proposed
Attachment 6
PH6 - 59
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 7
changes to VTM #2428 conditions are aimed at addressing the current status of the common basin
and the current proposal for development of Prado Road, but do not alter the tract design or density.
5.0 ENVIRONMENTAL REVIEW
On October 12, 2004, the San Luis Obispo City Council adopted the Airport Area and Margarita
Area Specific Plans and Related Facilities Master Plan. Prior to taking such action, Council
certified a Final Program Environmental Impact Report (EIR) prepared for the Plans. For the
purposes of the current analysis, this document is referred to as the MASP EIR. In addition, a
Tiered Mitigated Negative Declaration (Tiered MND) was prepared and adopted when Tract #2428
was previously approved in 2007.
The current request for modifications to Conditions of Approval does not trigger any of the Section
15162 requirements for subsequent environmental review. Accordingly, the prepared Addendum
(Attachment 2) takes into account and accepts the environmental conclusions of the prior CEQA
documents, where no changes are being proposed. No changes are being proposed within the
boundaries of Tract 2428 and so no new environmental review is being conducted for impacts
within the boundaries of Tract 2428. As such, mitigation measures adopted as part of the MASP
EIR and Subsequent Tiered MND remain in effect and are still applicable to the project (although
some have been incorporated by the applicant into the project design, making the project “self-
mitigating” in these instances).
Section 15164 of the CEQA Guidelines allows a lead agency to prepare an addendum to a
previously adopted Negative Declaration if only “minor technical changes or additions” have
occurred in the project description since the initial study was originally prepared. In this case, no
changes in the project description are being proposed. The only changes being proposed are with
regard to the phasing of road improvements along Prado Road which do not introduce new
potentially significant impacts, or increase the severity of previously-identified impacts.
6.0 CONCLUSION
The current requests for modifications to VTM conditions before the Planning Commission have
staff’s support, will not have new or increased significant environmental impacts and will not
compromise the integrity of the overall project development plan or the goals of the MASP. It is
encouraging that the applicant intends to move forward with the project that fulfills multiple City
goals including housing, economic development, and funding of a significant transportation facility
(i.e. Prado Road), consistent with the General Plan, MASP, and Economic Development Strategic
Plan.
7.0 OTHER DEPARTMENT COMMENTS
The responses to the applicant's requests have been reviewed with the other departments and reflect
a unified City position.
8.0 ALTERNATIVES
8.1. Continue the project with direction to the applicant and staff on pertinent issues.
Attachment 6
PH6 - 60
Revised Conditions of Approval for VTM #2428 (3000 Calle Malva)
Page 8
8.2 Deny the project based on findings of inconsistency with the MASP, General Plan, or
Economic Development Strategic Plan.
9.0 ATTACHMENTS – not attached here
1. Draft Resolution
2. Addendum to Mitigated Negative Declaration and MASP EIR (including Traffic Study and
Biological Assessment)
3. Resolution No. 9917 (2007 Series) approving VTM on 7-3-07
4. Ordinance No. 1506 (2007 Series) approving a PD zoning over a portion of the VTM
5. VTM 2428
6. Summary of Changes to Conditions and Code Requirements
T:\Community Development\MODTR 121-13 (VTM 2428)\VTM 2428 PC report & attachments
Attachment 6
PH6 - 61
PH6 - 62
Attachment 8
RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP 2353
(MOD/TR/ER 121-13; 3000 CALLE MALVA)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on March 26, 2014, pursuant to a proceeding instituted under application
MOD/TR/ER 121-13, Margarita Ranch SLO, LLC, applicant, for the purpose of considering a
request to amend conditions of approval for Vesting Tentative Tract Map 24283 for an
approximately 99-acre site located north of Margarita Avenue, and east of South Higuera Street;
and
WHEREAS, the Planning Commission recommended that the City Council approve the
proposed modified conditions of Vesting Tentative Tract Map; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15,
2014, for the purpose of considering the proposed modified conditions of Vesting Tentative
Tract Map 2428 originally approved through City Council Resolution No. 9917 (2007 Series);
and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration
(MND) that was previously approved by the Council on July 3 , 2007, along with the Addendum
prepared to update the MND to be consistent with the current project to modify conditions of
approval; and
WHEREAS, the City Council has duly considered all evidence, including the record of
the Planning Commission hearing and action, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings in support of the request to modify certain conditions of approval for Vesting
Tentative Tract Map 2428:
1. The proposed condition modifications are reasonably necessary to allow the development to
proceed given financing considerations and projected traffic levels.
2. The design of the vesting tentative tract map is consistent with the General Plan because the
proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant
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trees), will incrementally add to the City’s residential housing inventory, result in parcels that
meet density standards, and will be consistent with the density and lot sizes established by
the Margarita Area Specific Plan.
3. The site is physically suited for the proposed type of development allowed in the R-1-SP, R-
2-SP, R-2-SP-PD, R-3-SP, C/OS-SP, and C/OS-SP-PD zones.
4. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision.
5. The subdivision will not have a significant adverse impact on the environment, subject to the
mitigation measures of the Final Environmental Impact Report (EIR) certified by the City
Council on October 12, 2004, being incorporated into the project, the mitigation monitoring
program adopted with said EIR approval being followed and mitigation measures
recommended herein.
6. On July 3, 2007, the City Council adopted a Mitigated Negative Declaration (MND) which
adequately addresses the potential significant environmental impacts of the proposed project.
The MND along with the prepared Addendum adequately evaluate the potential
environmental impacts associated with the current project.
7. Several Environmental Impact Reports have been certified that included the Prado Road
extension, including the 1994 Land Use and Circulation Elements, the 2000 Amendment to
the Circulation Element, and the Airport and Margarita Specific Plans. These EIR’s have
analyzed the impacts associated with adding the road to the circulation system and
Circulation Element and its current alignment. Project specific impacts were addressed in
each environmental document prepared for Vesting Tract Maps.
SECTION 2. The City Council adopted the project’s Mitigated Negative Declaration on
July 3, 2007, which incorporates the following mitigation measures and monitoring programs
into the project. An Addendum to the EIR and MND was prepared for the current revisions
request (ER 121-13), which demonstrates that no additional mitigation measures are required.
The Planning Commission has reviewed and considered the information contained in this
Addendum in its consideration of the final project design and finds that the preparation of a
subsequent EIR is not necessary, based on the following findings, and subject to the following
mitigation measures:
Findings
a. None of the circumstances included in Section 15162, which require a subsequent EIR
have occurred, specifically:
b. The project changes do not result in new environmental impacts.
c. The circumstances under which the project is undertaken will not require major changes
to the EIR.
d. The modified project does not require any substantive changes to previously approved
mitigation measures.
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Mitigation Measures:
Reduction of Light and Glare
1. In order for MASP/AASP EIR Mitigation Measure LU-7.l as implemented by the MASP to
be carried through to lot-specific development stage, a lighting plan that demonstrates
compliance with Community Design Section 3.3 Lighting requirements of the MASP shall
be submitted with other required plans for both the residential and commercial components
of the project to the review and approval of the Architectural Review Commission (ARC).
The lighting plan shall propose specific measures to limit the amount of light trespass
associated with development within the project area including shielding and/or directional
lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent
property lines.
Monitoring Program: The ARC will review development plans for both the
residential and commercial components of the project. City staff, including
Planning and other departments, will review plans to assure that all of the ARC’s
requirements related to lighting and compliant with the MASP provisions have
been incorporated into working drawings. City building inspectors will be
responsible for assuring that all lighting is installed pursuant to the approved
lighting plan.
Preparation and Implementation of “Comprehensive Biological Mitigation Program”
2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a
combination of on- and off-site mitigation, approved by the City, the DFG and the Army
Corps of Engineers. Further, in compliance with the MASP/AASP EIR, the subject VTM
#2428 proposes the creation of Lots 81-85 and Lot 178 in areas designated by the MASP for
“Open Space-Riparian” for the express purposes of achieving some of the necessary wetlands
replacement mitigation area, as well as preservation of related biological habitat benefits. Lot
178 is intended to be dedicated to the City of San Luis Obispo prior to or concurrently with
final map recordation.
3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be
through a combination of on- and off-site mitigation, approved by the City, the DFG and the
Corps.
4. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving
restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in
the King property's open space parcel, should be required. This area occupies between one-
half and three-quarters of an acre. The program would at a minimum, replace the existing
non-native grassland in that area with a grassland containing a majority of native bunchgrass
species including purple needlegrass, meadow barley, and California brome. In addition, a
program for additional protection for the open space lands of the project will be developed.
The goal of this program will be to provide protection for remaining areas of serpentine
bunchgrass habitat and species within that habitat in the South Hills Open Space, through
mechanisms such as fencing, trail realignments, and drainage improvements on the access
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road to the communication site on neighboring property. Finally, the project sponsors
propose to donate fee title to Lot 178 to the City of San Luis Obispo as permanent open space
as part of the project.
5. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult
to establish. City staff will work with the project sponsors in developing the details of the
effort.
6. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult
to establish. City staff will work with the project sponsors in developing the details of the
effort.
Palmer Spineflower. None required.
Brewer Spineflower. None required.
Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot
enhancement site.
Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement
site.
Obispo dudleya. Due to the very small number of impacted individuals and the ease of
transplanting, transplant these individuals to suitable sites within the project open space.
Obispo Mariposa Lily. None required.
Adobe Sanicle. Relocate some individuals to a suitable site within the project open space;
consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off-
site location approved by the City, or consider lot adjustments to protect the major portion
near lots 82, and adjacent multifamily lot.
Congdon TarpIant. Create compensating habitat in a suitable off-site location approved by
the City.
Loggerhead Shrike. Remove myoporum tree before nesting season.
7. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of
construction activities; avoid construction activities within 100 feet of active nest sites, or
within 300 feet for raptor nests, until after young have fledged.
8. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation
program is the applicant’s proposal to acquire (by fee, easement, or eminent domain) lands
outside the bounds of the Western Enclave (designated by the MASP as “Open Space
Riparian” lands). The targeted property (lying south of Prado Road and owned by Unocal) is
a low lying area that already naturally collects some area run-off and provides valuable
habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and
thus is beneficial to retain in its natural state. Pre-development run-off has resulted in
seasonal flooding of Prado Road due to the currently deficient collection/distribution system
to this natural drainage area south of Prado Road. The Western Enclave applicants propose to
acquire this off-site property designated for open space use by the MASP and utilize it
beneficially for biological mitigation as well as a detention basin for pre- and post-Western
Enclave development generated run-off. It is proposed that this basin be enhanced to
accommodate the greater project-generated and pre-project run-off flows, and to increase its
habitat value in the long term. The basin is proposed to be held and maintained by a Home
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Owners Association (HOA) established initially for the Western Enclave area, and perhaps
ultimately for the entire MASP as stipulated be done by the MASP.
Monitoring Program: Prior to approval of the final map, the applicant shall
contact the City Natural Resource Manager for review and approval of the final
lot and street design to assure that on-site natural resources are protected and
preserved to the greatest extent required by the mitigation measures and
consistent with requirements of the MASP and MASP I AASP EIR. Said design
shall also be consistent with approvals required subsequent to this Tentative Map
from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any
site preparation or construction activities, the applicant shall also initiate and
complete for approval by the City pre-construction surveys for nesting birds and
adhere to performance standard specified in the mitigation. Provisions for
required off-site mitigation shall be coordinated with and approved by the City
Natural Resource Manager prior to recordation of the Final Map. Periodic field
inspections by City Staff during construction will be necessary to assure site
development conforms to mitigation measures and conditions of approval.
Preparation and Implementation of a “Construction-Related Hazardous Materials
Management Plan”
9. As stipulated in the MASP / AASP EIR, this would be a plan identifying, when they are
known, site/development-specific construction activities that will involve the hazardous
materials. The plan shall be prepared before construction activities begin that involve
hazardous materials and shall discuss proper handling and disposal of materials used or
produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also
outline a specific protocol to identify health risks associated with the presence of chemical
compounds in the soil and/or groundwater and identify specific protective measures to be
followed by the workers entering the work area. If the presence of hazardous materials is
suspected or encountered during construction- related activities, the project proponent will
cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-I.2 states:
“The project proponent will complete a Phase I environmental site assessment for each
proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments
indicate a potential for soil and/or groundwater contamination within or adjacent to the road
or utility alignments, a Phase II site assessment will be completed. The following Phase II
environmental site assessments will be prepared specific to soil and/or groundwater
contamination.
a. Soil Contamination. For soil contamination, the Phase II site assessment will
include soil sampling and analysis for anticipated contaminating substances. If
soil contamination is exposed during construction, the San Luis Obispo Fire
Department (SLOFD) will be notified and a work plan to characterize and
possibly remove contaminated soil will be prepared, submitted and approved.
b. Groundwater Contamination. For groundwater contamination, the Phase II
assessment may include monitoring well installation, groundwater sampling, and
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analysis for anticipated contaminating substances. If groundwater contaminated
by potentially hazardous materials is expected to be extracted during dewatering,
the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to
dispose of contaminated groundwater will be developed in agreement with the
SLOFD and Central Coast RWQCB.”
Monitoring Program: The “Construction-Related Hazardous Materials
Management Plan” will be required to be submitted to the City Community
Development Department and Fire Department for review prior to
commencement of any site preparation or construction work involving hazardous
materials. No site preparation or construction work may commence before said
plan has been approved by the City. Any site work commenced without City
approval of said Plan will be subject to “Stop Work” (cease and desist) orders as
may be issued under the authority of the City Fire Department.
SECTION 3. Action. The City Council hereby approves the requested
modifications to conditions of Vesting Tentative Tract Map 2428. The following conditions will
supersede in their entirety the previously approved conditions approved by Council Resolution
No. 9917 (2007 Series).
Streets:
1. Subject to available right-of-way, the subdivider, in cooperation with the City and adjacent
property owners, will construct a Class I bike path connecting the existing terminus of
Prado Road to Broad Street at the Damon-Garcia Sports Fields. Unless otherwise approved
by the Public Works Director, the bike path should be located on the south side of the
future Prado Road extension and consist of a minimum 8’ wide asphalt concrete path with
2’ wide decomposed granite shoulders and fencing on both sides.
a. Off-site dedication/acquisition of property for this public right-of-way purpose is
necessary to facilitate the construction of the bike path. The subdivider shall work with
the City and the land owner to acquire the necessary right-of-way for the bike path. In
the event the subdivider is unable to acquire said right-of-way, the City Council may
consider lending the subdivider 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 subdivider shall agree to pay all costs associated with the
off-site right-of-way acquisition (including attorney and court costs). If the Council
concludes that it does not want to acquire the right-of-way via eminent domain and
thereby the project cannot be completed, the Subdivider shall be alleviated from
completing Condition #1.
b. Subject to final approval of the City, the subdivider may receive fee credit for the
construction costs for the bike path if the facility is located in the Prado Road corridor.
Fees eligible for credit are limited to Margarita Area “Add On” Transportation Impact
Fees and Margarita Area Specific Plan “Add On” Park Impact Fees. No other City
Impact Fees or Connection Fees shall be available for credit or reimbursement,
including, but not limited to, Citywide Transportation Impact Fees for all other MASP
projects.
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c. Necessary right-of-way shall be acquired and the bike path improvements installed with
the first phase of the final map, unless the improvements are deferred to a later phase
by mutual consent of the subdivider and the City.
2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall
be paid prior to issuance of each building permit, subject to any approved reimbursement
agreements. If at the time of building permit issuance the City’s TIF has not been amended
to accommodate the improvements to the South Higuera/Prado and South Higuera/Tank
Farm intersections as identified in the traffic study performed by Central Coast
Transportation Consulting dated January 6, 2014, or Prado Road has not been connected to
Broad Street, the applicant will be responsible for paying a pro rata share of said
improvements subject to approval of the City’s Public Work Director.
3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall
consider the proposed or required phasing to be completed by the combined development
known as Margarita Area Specific Plan western enclave. The public improvement plans for
each subdivision shall include any offsite improvements as considered necessary by the
Director of Public Works to provide a reasonable transition between the subdivisions in the
case that one project is developed before another. The scope of required improvements
shall be approved to the satisfaction of the Public Works Director. Pursuant to Section
16.20.110 of the City Municipal Code, the subdivider may be eligible for reimbursement
for improvements that are in excess of the construction required for the subdivision,
including, but not limited to storm drainage, sewer, water and power.
4. Unless otherwise approved by the Public Works Director and the Fire Marshall, a
secondary access shall be required for every phase of the final map.
5. The final subdivision design and improvements shall comply with the Margarita Area
Specific Plan and all other City of San Luis Obispo Design Standards, Engineering
Standards and Standard Plans and Specifications. The subdivision improvement plans and
the Prado Road bike path plans shall be approved by the City prior to final map
recordation.
6. Prior to final map approval, the final design, location, and number of traffic calming
measures including bulb-outs, choke-downs, tabletops, roundabouts, neck-downs, etc. shall
be reviewed and approved by the Public Works Director. Choke-downs adjacent to open
space corridors shall be lengthened to include the entire length of the open space corridor.
Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or
other large city or delivery multi-axel truck’s ability to negotiate the traffic calming
features. Additional or alternative traffic control measures such as raised tabletops may be
required to comply with the MASP objective to “foster traffic volumes and speeds that will
be compatible with the neighborhood.”
7. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored
after development. Prior to final map recordation, the Subdivider shall deposit a faithful
performance security in the amount of $130,000 to retain a qualified traffic consultant to
conduct traffic counts and speed measurements on Margarita Avenue and on streets within
and in the vicinity of the subdivision. The counts and measurements will be conducted
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one-year after final occupancy of complete build-out of the subdivision or acceptance of
public improvements, whichever occurs later. The locations of the counts and
measurements shall be approved by the Public Works Director. If the traffic volumes or
speeds exceed City standards, the $130,000 security will be retained by the City to
guarantee that Subdivider installs additional City-approved traffic calming measures to
reduce volume and speeds to comply with City standards. As an alternative to the above,
prior to final map recordation, the Subdivider may pay a one-time nonrefundable
contribution to the City’s Neighborhood Traffic Management Program in the amount of
$130,000 to fund future traffic calming efforts in and around Tract 2428.
8. The subdivision design shall include directional curb ramps wherever possible. The
inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease the
roadway width to be crossed by a pedestrian.
9. Prior to approval of improvement plans, alternative paving materials proposed within the
public right-of-way shall be approved by the Public Works Director. Alternative paving
materials shall be maintained by the Homeowner’s Association.
10. The subdivider shall re-stripe the southbound left turn lane and install pedestrian
countdown heads at the South Higuera/Prado intersection as identified in the traffic study
performed by Central Coast Transportation Consulting dated January 6, 2014.
11. Except for the 71-acre lot donated to the City, project common areas including, but not
limited to, landscaped areas, landscaped parkways and Class I pathways (other than Prado
Road) shall be owned and maintained in perpetuity for public use by a Homeowner’s
Association. Water meters for common landscape areas including but not limited to
parkways, medians, roundabouts and pathway corridors are subject to water impact and
water meter installation fees and shall be paid for by the subdivider.
12. The final locations of multi-use path connections to public streets shall be reviewed and
approved by the Natural Resources Manager and City Traffic Engineer. Where multi-use
paths intersect public streets, the roadway shall be narrowed and the crossing designed
perpendicular to the roadway.
13. The final design and location of private streets and fire access ways, and the approaches
thereto onto public streets, shall be reviewed and approved by the Public Works Director
and Fire Department. Plans submitted for review shall include a turning diagram
demonstrating a fire, garbage or other large city or delivery multi-axle truck’s ability to
negotiate into and within the private streets and access ways within the proposed “PD” and
Lot 178 portions of the site.
14. The proposed street bulb-outs shall be designed with minimum inside and outside radii of
20’ and 10’ respectively.
15. Analysis of the street drainage design shall be provided with the submittal of complete
public improvement plans. Streets designed with a quarter crown shall justify the curb
capacities in accordance with city standards. Some areas may require that the bulb-outs be
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reduced in depth or removed completely to accommodate the drainage along the high side
of the street.
16. Bulb-outs at T-intersections may need to be replaced with standard curb returns of a smaller
radius to achieve the desired traffic calming goals and to accommodate street drainage.
17. The number and location of catch basins shall consider city standard spacing and drainage
design requirements. The number of catch basins shall be limited to those required by code
and/or design to the satisfaction of the City Engineer.
18. The transition between Street N and Street W shall be approved to the satisfaction of the
City Engineer. Moving of the quarter crown section from one side of the street to the
opposite side shall not be completed with a super-elevated section unless all drainage
issues are addressed.
19. Street intersections shall be provided with directional curb ramps in accordance with city
and ADA standards or guidelines. T-intersections shall include receiving ramps on the
through street.
20. Prior to final map recordation, the subdivider shall submit a separate irrevocable offer of
dedication for public access purposes to provide access from VTM Tract 2353 to the open
space adjacent to Tract 2428. The offer will be recorded in the event that the Tract 2428
public improvements have not yet been accepted by the City, but access to the open space
is needed for VTM Tract 2353 and the general public.
On & Off-Site Improvements:
21. With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s)
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the Subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
1) Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
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2) Preliminary title report including chain of title and litigation guarantee;
3) Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge
in writing that they knowingly waived the right to do so;
4) Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
5) Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
22. The final subdivision design shall incorporate stormwater quality BMPs with the most
current edition of the Engineering Standards, shall be designed to treat the stormwater
runoff from all developed surfaces excluding rooftops but including all private and public
streets, and shall be subject to the approval of the City Engineer.
23. The final design of any stormwater detention or treatment facilities shall incorporate all
recommendations from the final geotechnical report into the design of said facilities. The
final geotechnical report shall address the effect, if any, of detaining stormwater in close
proximity to the existing soil contamination.
24. The design of any stormwater facilities shall be in compliance with the Waterway
Management Plan Drainage Design Manual requirement for construction
25. The subdivider shall secure the rights for the regional stormwater detention basin in a form
acceptable to the Bureau of Real Estate and the City prior to or concurrently with the
recordation of the final map. The stormwater detention basin shall be privately-maintained.
Should the subdivider be unsuccessful in acquiring the rights to the basin for storm
drainage capacity, the subdivider shall revise the map and plans to accommodate
appropriately-sized on-site detention of stormwater pursuant to the City's Waterway
Management Plan Drainage Design Manual. Alternately, the City may elect, but is not
obligated, to secure the rights on behalf of the public. All costs associated with securing
said rights, including any necessary eminent domain process, shall be borne by the
subdivider.
26. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway
curb cuts in the subdivision and increase the provision of on-street parking. Prior to
hearing by ARC, the applicant shall provide plans to the Public Works Department with
additional detail adequate to show locations of all proposed shared driveways.
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27. When a Class 1 bicycle path provides access across a public street, choke-downs, curb
ramps, and signage shall be provided and the street crossing shall be designed to direct
pedestrians across the roadway in a perpendicular manner.
28. The subdivider shall install private street lighting along the private internal streets per City
standards and public street lighting along the public streets, as determined by the Director
of Public Works. All public street lighting shall be LED lighting per the most current or
interim City standards. The public street lighting installed by the developer shall include
the luminaires as well as all wiring and conduit necessary to energize the light standards
from PG&E’s point of service.
29. For lots abutting the existing developed Margarita and Chumash Village projects, any
slopes and drainage structures proposed in those rear lots shall be maintained by the
property owners, with an additional slope and maintenance easement to the HOA so that
the HOA can maintain these slopes if the property owners fail to do so in a satisfactory
manner. Details on the level of maintenance shall be provided in the draft CC&R’s and
reviewed and approved by the Community Development Director.
Water, Sewer, Solid Waste & Utilities:
30. The subdivider’s engineer shall submit water demand and wastewater generation
calculations so that the City can make a determination as to the adequacy of the supporting
infrastructure. If it is discovered that an off-site deficiency exists, the owner will be
required to mitigate the deficiency as a part of the overall project.
31. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of
the Utilities Engineer.
32. The water mains, sewer mains, and sewer force mains when attached or included with a
bridge, shall be sleeved and encased within the bridge structure or located above the lowest
point so as to protect the pipelines from the high water flow.
33. Sewer backwater valves may be required on some lots. The subdivider's engineer shall
apply the City's criteria to the design to determine which lots will need backwater valves on
the sewer laterals, per City and UPC standards.
34. In areas where the pressure in the water system exceeds 80 psi, the service line shall include
a pressure regulator downstream of the water meter, where the water service enters the
building.
35. The sewer and water mains should be located approximately 6 feet on either side of the
street centerline. All final grades and alignments of all public water, sewer and storm
drains (including service laterals and meters) are subject to modifications to the satisfaction
of the Public Works Director and Utilities Engineer.
36. The subdivision layout and preliminary utility plans shall include provisions for irrigating
common areas, parks, detention basins, and other large landscape areas with recycled
water. Appropriately sized reclaimed water mains shall be designed and constructed from
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the City’s trunk system to these irrigation areas. If other use areas exist beyond the
proposed subdivision, the mains shall be appropriately sized to provide for future use areas
and extended to the boundary of the tract. If reclaimed water is not available at the time
the recycled water is needed, the system shall be designed and constructed to reclaimed
water standards, and temporarily connected to the City’s potable water system in the area
of the anticipated connection to the reclaimed water system.
37. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall
add additional detail to the plans adequate to show the locations of all red curbs, fire
hydrants, water meters, backflow preventers, solid waste storage areas (for the detached
lots), the solid waste collection vehicle’s ability to safely maneuver and access containers
on the private roads in the PD portion of the development), to the satisfaction of the
Utilities Department. Said details shall also indicate appropriate screening for backflow
preventers, and shall clearly indicate any requested deviations from City standards.
38. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan
that indicates how any parkway areas associated with detached and/or meandering
sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20
of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a
minimum of 6-feet in width to allow the planting of street trees.
39. Recycled water will be required to be used throughout the development to the maximum
extent feasible. Recycled water use areas will include any landscape or turf areas that are
under common ownership or control, and for which the maintenance will be by contract.
40. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to
show the width, grade, structural cross-section and turning radii of all fire access roads and
connections with public or private roads within the subdivision and within the 71-acre open
space lot are suitable for travel by City fire trucks.
Grading & Drainage:
41. The final grading plan shall include provisions to comply with the soils engineer’s
recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck
access. The soils engineer shall supervise all grading operations and certify the stability of
the slopes prior to acceptance of the tract and/or issuance of building permits.
42. Clearing of any portion of the existing creek and drainage channels, including any required
tree removals, and any necessary erosion repairs shall be to done the satisfaction of the
Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees
may require safety pruning by a certified Arborist as determined by the City Arborist.
43. The developer of VTM #2428 shall begin grading operations related to site preparation and
infrastructure construction near the westerly edge of the property in order to reduce the
potential for short term impacts of “herding” rodents and other small animals toward the
adjacent mobile home park.
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44. Any required grading for storm flow collection features behind Lots 19-57 shall be done to
the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director.
45. All driveways shall comply with City Engineering Standards #2130 and #2140 for down-
sloping and up-sloping driveways.
46. With regard to down-sloping and up-sloping driveways, common driveways shall be
considered throughout the subdivision at the time of review by the Architectural Review
Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53,
54/55 & 56/57, such that driveway slopes do not exceed 20%.
47. The final pad grading and certification shall be in accordance with the approved plans,
grading ordinance, and final soils engineer recommendations. The public improvement
plans shall be reviewed by the project soils engineer. The soils engineer shall provide
written notification to the city indicating that the plans have been reviewed and are in
general conformance with the report recommendations.
48. The soils engineer shall submit updated grading recommendations in compliance with the
most current version of the California Building Code to the satisfaction of the City
Engineer and Building Official.
49. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all
graded pads and for in-situ soils on natural lots where deemed necessary by the City
Engineer or Building Official.
50. Final pad certifications shall include the certification of pad construction and elevations.
The soils engineer shall certify all grading prior to acceptance of the public improvements
and/or prior to building permit issuance. The certification shall indicate that the graded
pads are suitable for their intended use.
51. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement
plans and final map shall reflect any additional improvements and easements necessary for
slope protection and maintenance.
52. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of
the city prior to commencing with public improvements or subdivision grading. If off-site
improvements are not complete, a phasing plan and on-site detention may be required.
53. The width of all public or private drainage easements shall be approved to the satisfaction
of the City Engineer. Drainage easements requiring subsurface piping systems shall not be
less than 15’ in width. Surface drainage improvements located along the westerly and
southerly tract boundaries shall be located in easements not less than 10’ in width.
54. The interceptor drainage ditch located along Lots 75 – 80 shall be constructed with an
approved outlet to the existing drainage channels or to an approved off-site drainage
easement.
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55. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of
the HOA-maintained interceptor ditch unless otherwise approved by the City Engineer and
Natural Resource Manager.
56. The interceptor ditch shall be designed to accommodate any improved or diverted runoff
from the existing or proposed trail improvements.
57. The public improvement plans and final drainage report shall include additional analysis of
the runoff from the existing and proposed trails or access roads. The proposed interceptor
ditch shall be extended to protect Lots 52 – 57 if necessary.
58. The abandoned access road crossing Lots 44 – 51 shall be likewise evaluated. The road
drainage shall be clearly defined and drainage improvements and easements shall be
provided if necessary. The road may be re-graded to eliminate any cross lot drainage if
applicable.
59. The presence of springs within the development area has been identified by the soils
engineer as one of the primary geotechnical concerns. All areas of known or observed
seeps and springs shall be specifically addressed by the soils engineer. General
recommendations shall be provided for all lot areas, roadways, and for the installation of
utilities.
60. Drainage systems designed to collect spring water or other sub-surface waters shall be
directed to the natural drainage channels to the maximum extent feasible. Subsurface
drainages shall not be directed to the surface of the public streets unless otherwise
approved by the City Engineer.
61. Utility trenches shall be protected with trench dams based on recommendations by the soils
engineer. Trenches to individual Lots shall be likewise protected to avoid the collection
and deposition of sub-surface drainage to under-floor or under-slab areas. Relief drains
shall outlet to a location approved by the City Engineer.
62. If nuisance spring water is expected or encountered with the subdivision improvements
and/or home construction, a separate French drain system may be required with storm drain
extensions to individual lots or areas of concern.
Homeowners’ Association:
63. The subdivider shall submit CC&R’s with the Final Map that establishes a Homeowner's
Association (HOA). The HOA shall provide for maintenance of all common area drainage
channels, on-site and/or sub-regional drainage basins and conveyance improvements, and
the trail network (except for Lot 178). The HOA shall also annually maintain a 30’ wide
wildland fuel reduction zone along all open space lots abutting developments within the
MASP. The CC&R’s shall be approved by the City Attorney prior to recordation of the
Final Map, or any phase thereof.
64. The HOA shall own and maintain all that portion of the lots designated as “Open Space” or
“Wetlands Mitigation” (except for Lot 178, which is proposed for donation to the City).
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Those open space areas that accommodate trails intended for public use shall be maintained
by the HOA for public access. Maintenance responsibilities shall also include maintenance
of any cut or fill slopes required to make the swale and berm. The storm drainage system
and the sewer lines within private streets shall be privately owned and maintained by the
HOA (to be included in CC& R’s).
65. The HOA shall be responsible for maintaining any required red curbing and fire lane
signage approved within the subdivision.
66. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved
by the City Attorney and Community Development Director prior to final map approval.
CC&R's shall contain the following provisions that pertain to all lots:
a. Creation of an HOA or annexation into an existing HOA.
b. No parking except in approved, designated spaces.
c. No change in city-required provisions of the CC&R's without prior City Council
approval.
d. Provision for all of the maintenance responsibilities outlined in various conditions
herein.
e. Provision for common driveway use, access, and maintenance for those lots with
shared access.
f. The HOA shall be responsible for maintenance of the drainage swale running along and
behind Lots 19-57 (i.e. all lots backing onto the 71-acre open space lot), as depicted on
sheet 2 of the Vesting Tentative Map.
g. Drainage swales along the west and south tract boundaries shall be maintained,
repaired and/or replaced by individual lot owners in such a way as to allow clear and
unobstructed storm water flows. No storage, alterations, construction and/or
landscaping may be permitted in or around these swales in a manner that interferes with
accessibility to, the design, and function of the overall tract storm drainage system. In
the event that individual lot owners do not properly maintain, repair and/or replace the
drainage improvements, the HOA shall have the right under the CC&R’s to enter said
lot owner’s property, effect such maintenance, repair and/or replacement, and bill said
owner for costs related thereto. In the event HOA is unwilling or unable to manage the
storm system within the any portion of the tract (including the PD Zone as noted
below), the City shall have the right to enter said property and maintain, make repairs
and/or replace storm drainage system features and bill the HOA for said work. HOA
and City access will be established through storm drainage easements recorded with the
final map. Fencing designs shall not interfere with the functionality of the swales. The
locations and designs of the project fencing shall be to the review and approval of the
Architectural Review Commission along with their review of other project
development plans.
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67. With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the
CC&Rs shall contain the following provisions, in addition to the above:
a. Creation of a homeowners' association to enforce the CC&Rs and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage swales and storm drainage improvements, on-site sewer facilities, parking lot
areas, walls and fences, lighting, and landscaping lying outside of private building
footprints and patios.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC&Rs and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City-required provisions of the CC&Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as
required by the City Fire Department.
j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
l. No change in City-required provisions for trash collection without prior approval by the
Community Development Director.
Paths/Open Space
68. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however
the Natural Resource Manager and Public Works Director may approve a narrower path in
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locations that will be used by pedestrians only or where environmental conditions warrant a
narrower path based on consideration of in-the-field found conditions.
69. Final design (including materials, location, width, bridging and lighting) of pathways shall
be reviewed and approved by the Natural Resources Manager and Public Works Director.
70. Class I path crossings at “N” St. should be perpendicular to the street. A cross section
should be developed to show transition of path up to the roadway crossing. A raised
table-top design with decorative pavement, choke-downs, and signage shall be provided
and crossing shall be designed to direct pedestrians to cross the roadway in a direct
perpendicular manner.
71. Pathway extending from Open Space lot to “N” St. should be shown to cross “N” St, to “D”
St. as indicated by MASP. Approved fencing or railing shall be installed at locations
approved by the City to discourage pedestrians from using unapproved routes to access the
open space.
72. A Class I trail system shall be provided from Street “S” through Lot 84 providing a physical
connection to the terminus of Calle Jazmin.
73. The mid-block crossing of “S” Street shall be eliminated due to its close proximity to Calle
Malva.
74. The proposed bridge crossings shall provide an accessible path-of-travel in accordance with
the current codes.
75. Subject to approval by the City, the subdivider shall grant the 71-acre open space Lot 178
in fee to the City prior to or concurrent with the first phase of final map recordation. If the
grant deed is deferred to a future phase by mutual consent of the City and subdivider, then
prior to or concurrent with the first phase of final map recordation, the subdivider shall
re-offer the conservation easement over Lot 178 and said offer shall be signed by all
current owners of record and beneficiaries on Deeds of Trusts.
Air Quality:
76. All activities associated with construction and operation for the subdivision map shall comply
at all times with all current APCD Rules and Regulations as applicable, including but not
limited to PM-10, NOx emissions, Naturally Occurring Asbestos, Best Available Control
Technologies, construction activity management plans, and phasing techniques.
Housing Programs:
77. Lots 171-175 of the “condominium” lots on the revised map, to be reserved for the
development of 26 affordable housing units, shall be dedicated to the Housing Authority prior
to, or in conjunction with, recording the second phase of Tentative Tract 2428. Lots 176 &
177 are reserved for development of six (6) “open market”-rate condominium units.
Improvement plans for Tract 2428 shall include complete access and infrastructure (roads,
water, sewer, and utilities) to serve the Housing Authority site. Additional affordable housing
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requirements will be required if the average residential unit size of the entire Tentative Tract
2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element.
Planning Requirements:
78. Bulb outs at “T” intersections need to be added to the straight leg “crossing the ‘T’” and
elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out
transitions for the intersecting street leg.
79. City Standard driveway approaches shall be provided at alley private access points to public
streets to and provide adequate line of sight where red curbing would otherwise be needed.
80. All lighting within the subdivision shall comply with the lighting standards contained in the
San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation
Measures listed above.
81. Guest parking spaces shall be designed so motorists can enter and exit the public street in a
forward motion, in no more than 2 movements.
82. In order to be consistent with the requirements of the Margarita Area Specific Plan and
County Airport Land Use Plan, the property owner shall grant an avigation easement for
the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo
and the San Luis Obispo County Airport via an avigation easement document prior to the
recordation of the final map.
83. In the event archaeological resources are discovered in conjunction with a construction
project, all activities shall cease and the Community Development Department shall be
notified so that the procedures required by state law may be applied.
84. New development shall implement all feasible measures to minimize the use of conventional
energy for space heating and cooling, water heating and illumination by means of proper
design and orientation, including the provision and protection of solar exposure.
85. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim, action
or proceeding against the City and/or its agents, officers or employees to attack, set aside,
void or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review. The City shall promptly notify the
subdivider of any claim, action, or proceeding.
86. Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby
designated sensitive sites and must comply with the Community Design Guidelines for
hillside development. Individual lot development shall be subject to the review and
approval of the Architectural Review Commission (ARC). Planning staff may make the
determination upon submittal of complete plans if the minor or incidental architectural
review process is appropriate.
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87. Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall
comply with all applicable local and state fire code requirements, subject to the approval of
the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance
proposals shall be submitted along with subdivision improvement plans to the approval of the
Natural Resources Manager and the Fire Department.
88. Where the finished pad elevation for a lot along the westerly and southerly boundary of this
subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to
it within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353,
development of said higher lot within VTM 2428 shall be limited to a single story
structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village
Mobile Home Park, El Camino Estates or approved TM #2353 be less than 20 feet.
89. Except as required above, the following additional conditions of approval relate to requested
exceptions to standard City requirements and will apply only within the area rezoned for
“PD” Planned Development Overlay:
a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge
of right-of-way and no less than 20 feet to the garage that has access to the public street.
b. Street-side setbacks on private streets shall be no less than 5 feet to the residence and no
less than 20 feet to the garage from the centerline of the private street for Lots 117 through
137; for all other lots, no less than 15 feet from garages to the centerline of the private
street and no less than 5 feet for all other non-street fronting side and rear yard setbacks.
c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages
and carports, patios, decks and roof overhangs.
d. Upper floor setbacks from property lines need not be more than as required for the ground
floor portion of the structure.
e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square
feet.
f. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2
feet.)
g. Driveway depths for garages facing private streets shall be designed to accommodate a
parking space in front of a garage that prevents the parked vehicle from encroaching into
the travel lane of the common area portion of the drive or street. Variations of design to
meet this performance standard will be subject to approval of the Community
Development Director and final plans shall be reviewed and approved by the ARC.
h. In no event will a floor plan for a lot be allowed that provides more bedrooms than
allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.)
90. Notice of the onset of clearing or grading activities (or other activities likely to cause dust,
noise or animal movements) shall be given to all owners and occupants of residential or
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commercial properties within 100 feet of such activity and all residents and owners within the
Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks
prior to commencement of activities such as clearing or grading which may result in dust,
noise, or animal movements, that such activity is about to take place and advising that certain
precautions may be taken to reduce or minimize any effects there from.
91. Prior to review by the Architectural Review Commission, the applicant shall provide specific
scaled illustrations showing precise dimensions, area and locations of both private and
common open space together with complete tabulations demonstrating compliance with open
space requirements of Section 16.17.030. B. of the City Subdivision Ordinance.
92. Prior to review by the Architectural Review Commission, the applicant shall provide
tabulations of and specific scaled site plans showing precise dimensions for all guest parking
facilities within the single-family portion of the Planned Development component. Without
unduly adding hardscape to the site, the amount of guest parking spaces shall be maximized to
prevent overspill onto adjacent public streets and more closely meet expected demand.
93. Within the affordable housing component of the project, parking spaces shall be provided that
are nearby and convenient to all units.
94. All fireplaces within the development shall be gas-supplied, rather than wood-burning.
95. To assure more functional and safe access along the minimum 24-foot wide private drive
leading from “S” Street to the affordable housing component, all lots with frontages along
this private drive (Lots 159 & 160, and 165 -170) shall be designed with side-loaded
garages so that vehicles are not directly backing out into the private drive.
Code Requirements:
1. Traffic impact fees and water and wastewater impact fees shall be paid as a condition of
issuance of building permits.
2. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
3. EPA Requirement: General Construction Activity Storm Water Permits are required for all
storm water discharges associated with a construction activity where clearing, grading and
excavation results in land disturbance of five or more acres. Storm water discharges of less
than five acres, but which is part of a larger common plan of development or sale, also
require a permit. Permits are required until the construction is complete. To be covered by
a General Construction Activity Permit, the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to
the State Water Board.
4. The subdivision design shall comply with the City’s grading ordinance.
5. Street trees shall be planted along the private street per City Standards (the number of trees
is determined by one tree per 35 linear feet of street frontage).
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6. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and
a tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. An electronic file
containing the appropriate data compatible with AutoCAD (Digital Interchange Format,
DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City
Engineer.
7. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of 13’ 6”. Access roads shall be designed and maintained to support the imposed
loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide
all-weather driving capabilities. All cul-de-sacs shall be minimum 40 foot radius.
8. Approved address numbers shall be placed on all new buildings in such a position to be
plainly visible and legible from the street fronting the property. Numbers shall be a minimum
of 5” high x ½” stroke and be on a contrasting background. [UFC 901.4.4]
9. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of
the CFC. An approved water supply capable of providing the required fire flow for fire
protection is required. The fire flow shall be determined using applicable Appendices of the
CFC.
10. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. An approved NFPA system will be required for this project.
11. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department
approval) and shall be capable of supplying the required fire-flows.
Upon motion of _______________________, seconded by _______________________,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 15th day of April 2014.
____________________________________
Mayo r Jan Marx
ATTEST:
____________________________________
Anthony Mejia
City Clerk
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APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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