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HomeMy WebLinkAbout10-16-2012 c3 abandonment of portion federick & humbertcounci l acenOa nepoRt C I T Y O F S A N L U I S O B I S P O FROM :Carrie Mattingly, Interim Director of Public Works Prepared By :Hal Hannula, Supervising Civil Engineer Diane Dostalek, Engineering Consultan t SUBJECT :FINAL ABANDONMENT (VACATION) OF A PORTION OF TH E FREDERICK AVENUE AND HUMBERT AVENUE RIGHTS-OF-WA Y RECOMMENDATION As recommended by the Planning Commission and consistent with previous Council action, adopt a resolution vacating a portion of the Frederick Avenue and Humbert Avenue rights-of-way . DISCUSSIO N Section 8309 of the Streets and Highways Code defines "vacation" as the "complete or partia l abandonment or termination of the public right to use a street, highway, or public service easement ." The terms "vacate" and "vacation" are used throughout this staff report to be consistent with th e language in the Streets and Highways Code . Backgroun d On March 17, 2009, the City Council approved a General Plan Amendment and Rezoning of 851 an d 860 Humbert and adopted a resolution of intention to pursue abandonment of portions of Frederic k Avenue and Humbert Avenue rights-of-way to facilitate the Housing Authority of the City of San Lui s Obispo's (HASLO) development of an affordable housing project on the site . The housing project i s more commonly referred to as the Moylan Terrace project . See Attachment 1 for Moylan Terrac e vicinity map . On February 11, 2009, the Planning Commission approved Resolution No . 5517-09 (Attachment 2 ) determining that the proposed vacation of the portions of Frederick Avenue and Humbert Avenue wa s consistent with the General Plan. The City Council held a public hearing on the proposed vacation o n April 21, 2009, and adopted Resolution No . 10072 (2009 Series) (Attachment 3) ordering fina l abandonment of the portion of the streets subject to prescribed conditions . Because the conditions se t forth in Resolution No . 10072 (2009 Series) were not met within the prescribed 1-year time fram e stated in the resolution, the resolution expired and became null and void . Conditions No . 1, 2 and 4 of Resolution No . 10072 (2009 Series) have since all been met by HASLO , and Southern California Gas Company has determined that Condition No . 3 is no longer required . Therefore, all conditions set forth in the 2009 final abandonment resolution have been met and th e vacation can now be processed with no further conditions or requirements . (Meeting Dat eOctober 16,201 2 Item Number C 3 • • Final vacation of portions of Frederick Avenue and Humbert Avenue Page 2 •Actio n The portions of Humbert Avenue and Frederick Avenue have never been paved and have not bee n used for public access since at least 2006 . The proposed vacation meets the criteria for a summar y vacation per Section 8331 of the Streets and Highways Code because the affected streets have bee n impassable for vehicular travel for at least five consecutive years and no public money was expende d for maintenance on the streets during such period . The procedures for summary vacation are outline d in Sections 8335 and 8336 of the Streets and Highways Code . The procedures require that Cit y Council adopt and record a resolution of vacation . Summary vacation proceedings do not require a public notice or hearing . All existing public utilities within the proposed streets to be vacated have been relocated and ne w easements will be dedicated . Why is the recommended action to vacate rather than sell the property ? In some circumstances where street right-of-way is proposed for abandonment, the additional propert y has value to the adjacent land owner . In this case, the vacation is part of a beneficial transaction proces s with HASLO to provide for affordable housing in the City . The City contributed approximatel y $600,000 of Affordable Housing funds to the Moylan Terrace project . Furthermore, HASLO wil l dedicate the right-of-way for cul-de-sacs at the terminus of Francis Avenue and Humbert Avenue i n exchange for the vacation. - Next Step s Once vacated, the old rights-of-way will be incorporated into the Moylan Terrace project . The attached resolution of vacation authorizes the Mayor and City staff to take the necessary steps t o complete the vacation and convey the property to HASLO . HASLO will provide the City with signe d offers of dedication for the Francis Avenue and Humbert Avenue cul-de-sacs . CONCURRENCE S The Planning Commission and Community Development Director concur with th e recommendation . - FISCAL IMPAC T These portions of Humbert Avenue and Frederick Avenue were never constructed or maintained b y the City, so vacating these portions will not result in any savings to the City . The streets will be replaced with private on-site driveways that will be maintained by the property owner . ALTERNATIVES Deny the proposed vacation .Denying approval of the street vacation is not recommended becaus e it would be inconsistent with previous Council actions approving the vacation of these streets an d approving the Moylan Terrace project, which encompasses the abandoned street rights-of-way . • • • • Final vacation of portions of Frederick Avenue and Humbert Avenue Page 3 ATTACHMENT S 1.Vicinity Map for HASLO's Moylan Terrace Projec t 2.Planning Commission Resolution No . 5517-0 9 3.City Council Resolution No . 10072 (2009 Series ) 4.Draft Resolution Vacating a Portion of the Frederick Avenue and Humbert Avenu e Rights-of-Way - T :\Council Agenda Repods12012\2012-10-16rAbandonment of a pafon of Frederick and Humbert (Mattingly-Hannula-Dostalek)\E-Coundi Agenda Report .docx • Attachment 2 RESOLUTION NO . 5517-0 9 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A GENERAL PLA N AMENDMENT AND REZONING OR PORTION OF THE SITE, PLANNE D DEVELOPMENT REZONE, VESTING TENTATIVE TRACT MAP, ABANDONMENT O F RIGHTS-OF-WAY, PURCHASE OF SURPLUS PROPERTY,USE PERMIT FO R DEVELOPMENT OF A SENSITVE SITE, AND MITIGATED NEGATIVE DECLARATIO N OF ENVIRONMENTAL IMPACT FOR A RESIDENTIAL AND MIXED-US E DEVELOPMENT AT 851 AND 860 HUMBERT AND THE UNADDRESSED VACANT LO T (004-951-009); GPA/RIPD/TR/ABANIA 27-06 AND ER 123-08 (TRACT 2977 ) 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, o n February I1, 2009, for the purpose of considering application GPAIRIPD/TR/ABAN/A 27-0 6 and ER 123-08, a request to allow a General Plan Amendment and Rezoning, Planne d Development Rezone, Vesting Tentative Tract Map, Abandonment of rights-of-way, Use permi t for development of a sensitive site, and Purchase of surplus property for a workforce housing an d mixed-use development ; and WHEREAS ;said public hearing was for the purpose of formulating and forwardin g recommendations to the City Council of the City of San this Obispo regarding the project ; an d WHEREAS, notices of said public hearing were made at the time and in the manne r required by law ; and WHEREAS ; the Airport Land Use Commission has conducted a public hearing o n September 17, 2008 and found the proposed General Plan Amendment to be consistent with th e Airport Land Use Plan ;and WHEREAS, the Architectural Review Commission has reviewed the project an d provided the applicant specific direction on revisions to the project that shall be made to increas e neighborhood compatibility prior to final architectural review approval ; and WHEREAS,. the Planning Commission reviewed and considered the Mitigated Negativ e Declaration of environmental impact for the project ; an d WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City o f San Luis Obispo as follows : SECTION I .Findings A .CEOA Compliance Attachment 2Planning Commission Resolution No . 5517-09 GPA/RIPDI R/ABAN/A 27-06 and ER 123-08 (HASLO)-• 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 2 1.The Planning Commission finds and determines that the project's Mitigated Negativ e Declaration which was prepared by the Community Development Department o n February 2, 2009 adequately identifies that with the incorporation of recommende d mitigation measures there is no foreseeable potential for significant environmenta l impacts by the proposed project . B .General Plan and Zoning Map Amendmen t 2.The proposed project will provide quality affordable housing consistent with the intent o f California Government Code 65915, and that the requested density bonus, incentives an d concessions are reasonably necessary to facilitate the production of affordable housin g units. 3.The proposed General Plan Amendment and Rezoning is consistent -with General Pla n Land Use ., Element policies regarding the expansion of housing opportunities and , maximizing the development potential of infitl sites . Additionally the project is consisten t with Housing Element goals and policies which encourage facilitating housin g production and land use efficiency, including HE Policy 3 .12.7, which specifically identifies this area as potentially being appropriate for residential uses . 4.The redesignation of the unaddressed vacant parcel from an industrial designatio n (Manufacturing : M) to a residential designation (Medium-High Density Residential : R-3 ) would not adversely impact the overall supply of manufacturing property in the area, a s the proximity of the site to residential uses and constrained access make it undesirable fo r many industrial uses . 5.The redesignation of the unaddressed vacant parcel from an industrial designatio n (Manufacturing : M) to a residential designation (Medium-High Density Residential .: R-3 ) would not result in an inappropriate development on the site, as the Specia l Considerations "S" overlay will insure that development of the site is consistent wit h ALUP safety and City noise policies . The following standards shall apply to the Specia l Considerations overlay for the site : Airport Safety a . All owners, potential purchasers, occupants (whether as owners or renters), an d potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with thi s review prior to entering any contractual obligation to purchase, lease, rent, o r otherwise occupy any property or properties within the airport area .- - b . Development of the site shall be consistent with City Zoning Regulations an d Airport Land Use Safety policies, including maximum density of persons pe r acre . c.Aviation easements will be recorded for all properties involved in the propose d development . Noise d.The construction of residential uses at the site shall be accompanied by a n acoustical analysis (noise study) to ensure that interior spaces and exterior private • Planning Commission Resolution o . 5517-09 Attachment 2 GPA/R/PDITRIABAN/A 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 3 use areas are designed to mitigate noise impacts to levels determined acceptabl e by the City's General Plan Noise Element . Specific construction details shall b e identified as recommendations in the study . e . All owners and occupants shall receive disclosure concerning the adjacen t manufacturing uses and potential noise exposure . C .Planned Development Rezone 6.The project is consistent with the General Plan and the Airport Land Use Plan, and wit h the included conditions and mitigation measures is allowed within the primary zonin g district (R-3-S). 7.The project complies with all applicable provisions of the Zoning Regulations other tha n those modified by the PD rezoning, which include : 0-lot line development, exceptions t o minimum parcel size and coverage in conjunction with real property subdivision, reduce d street yards, height exception for one building, and tandem parking and a reduction o f seven spaces . 8.The approved modifications to the development standards of the Zoning Regulations, listed in Finding No . 2, are necessary and appropriate to accommodate the superio r design of the proposed project, its compatibility with adjacent land uses, and it s successful mitigation of environmental impacts . 9 :_. The project complies with all applicable City Design Guidelines and establishe s additional parameters to ensure development is in harmony with nature and the adjacen t neighborhood . 10.All affected public facilities, services, and utilities are adequate to serve the propose d project . 11.The location, size, site planning, building design features, and operating characteristics o f the project are highly suited to the characteristics of the site and surrounding . neighborhood , and will be compatible with the character of the site, and the land uses and developmen t intended for the surrounding neighborhood by the General PIan . 12.The site is adequate for the project in terms of size, configuration topography, and othe r applicable features, and has appropriate access to public streets with adequate capacity t o accommodate the quantity and type of traffic expected to be generated by the use . 13.With the incorporation of conditions of approval and mitigation measures listed in the Mitigated Negative Declaration of Environmental Impact, the establishment, maintenance , or operation of the proposed project will not, in the circumstances of the particular case, b e detrimental to the health, safety, or general welfare of persons residing or working in th e vicinity of the proposed use, or detrimental or injurious to property and improvements in th e neighborhood or to the general welfare of the City. D .Development of a Sensitive Site Attachment 2 Planning Commission Resolution No . 5517-0 9 GPA/R/PDJTR/ABAN/A 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 4 14 . Development of the site is consistent with the intent of the "S-overlay" and will not b e detrimental to the health, safety or welfare of persons working or living at the site o r within the vicinity, as the project is consistent with ALUP safety and compatibilit y policies and City noise standards . 15 . As conditioned, all residents of the site will be duly noticed of both Airport operation s and adjacent noise sources . E .Abandonments 16 . The proposed abandonment of rights-of-way is consistent with the General Plan becaus e they are no longer needed for present or future public purposes . 17 . Development of the rights-of-way as public streets would not serve any reasonable publi c purpose since those properties fronting the rights-of-way gain access from othe r improved streets, and there are no existing infrastructure improvements within the area s to be abandoned . 18 . The abandonment of the rights-of-way will benefit the general public be eliminating unused right-of-way and the City's costs for maintaining additional infrastructur e improvements . 19 . The proposed rights-of-way abandonments are categorically exempt from environmenta l review under Section 15301 of the California Environmental Quality Act . F .Disposition of Surplus Propert y 20 . The City no longer has need for the vacant property located just west of the railroad right - of-way . 21 . Disposition of this property to facilitate an affordable housing development is consistent with the policies of the Land Use and Housing Elements of the General Plan . G .Subdivision Findings . 22. The proposed subdivision, together with the provisions for its design and improvement, i s consistent with the General Plan and Airport Land Use Plan, including compatibility wit h the objectives,policies, general land uses and programs-specified in the General Plan . 23 . The design of the subdivision provides, to the extent feasible, for future passive or natura l heating or cooling opportunities in the subdivision . 24 . As conditioned, the subdivider will defend, indemnify and hold harmless the City and it s agents, officers and employees from any claim, action or proceeding against the City o r its agents, officers or employees to attach set aside, void or annul an approval of the Cit y Council, Planning Commission, or City Staff concerning a subdivision . • C3-8 Planning Commission Resolution .5517-09 it Attachment 2 GPA/R/PD/TR/AB .ANIA 27-06 and ER 123-08 (HASLO) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 5 25.The proposed vesting tentative tract map is consistent with the General Plan, includin g LUE 2 .4 .7, HE 3 .4.2 and 3 .13, and CE Goal 2, COSE 4 .5 .1 and 4 .6 .17, because th e subdivision will provide residential development anticipated by the General Plan an d provide compact and sustainable housing options affordable to a variety of househol d types . 26.The site is physically suited for the proposed type of development because the project ha s been designed to utilize available residential density while providing quality commo n open spaces and roadway connections which will benefit the general public . 27.The design of the subdivision, or type of improvements, is not likely to cause seriou s public health or safety problems because the type of improvements are appropriate for th e location will be designed to meet existing building and safety codes . 28.The design of the subdivision, or the type of improvements, will not conflict wit h easements, acquired by the public at large, for access through or use of, property withi n the proposed subdivision because such easements will be maintained . SECTION 2 .Action . The Commission does hereby recommend adoption of said Mitigated Negative Declaration an d approval of the requests for a General Plan Amendment and Rezoning of the unaddressed parcel, as shown on the attached Exhibit A and including the standards for the "S" overlay as described above , and including theALUP approved disclosure agreement which is included as Exhibit B ; approval o f the abandonment of portions of Frederick Street and Humbert Avenue, as shown on attached Exhibi t C, and ; the Planned Development Zoning, Vesting Tentative Tract Map, Abandonment df rights-of- way, and purchase of surplus property, with incorporation of the following mitigation measures , conditions, and code requirements : A .Mitigation Measures 1.Should hydrocarbon contaminated soil be encountered during construction activities, th e APCD must be notified as soon as possible and no later than 48 hours after affecte d material is discovered to determine if an APCD Permit will be required . In addition , standard APCD required procedures shall be implemented immediately afte r contaminated soil is discovered . 2.Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) i s present within the area that will be disturbed. If NOA is not present, an exemptio n request must be filed with the District . If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM . • 3, If utility pipelines are scheduled for removal or relocation the project may be subject t o various regulatory jurisdictions, including the requirements stipulated in the Nationa l Emission Standard for Hazardous Air Pollutants . These requirements include, but are no t L C3-9 Attachment 2 Planning Commission Resolution No . 551 7-0 9 GPAJRIPDTR/ABAN/A 27-06-and ER 123-08 (HASLO ) 85! & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 6 limited to 1) notification requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements o f identified ACM . 4. This project exceeds the 4 .0 acres of grading threshold and is near potentially sensitiv e receptors, and shall comply with all applicable Air Pollution Control District regulation s pertaining to the control of fugitive dust (PM10) as contained in section 6 .5 of the Ai r Quality Handbook . The following APCD standards for dust control shall be adhered to: a.Reduce the amount of disturbed area where possible , b.Use of water trucks or sprinkler systems in sufficient quantities to preven t airborne dust from leaving the site . Increased watering frequency would b e required whenever wind speeds exceed 15 mph . Reclaimed (non-potable) wate r should be used whenever possible ' c.All dirt stockpile areas should be sprayed daily as needed , d.Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible followin g completion of any soil disturbing activities, e.Exposed ground areas that are planned to be reworked at dates greater than on e month after initial grading should be sown with a fast germinating native gras s seed and watered until vegetation is established , f.Al] disturbed soil areas not subject to revegetation should be stabilized usin g approved chemical soil binders, jute netting, or other methods approved i n advance by the APCD . g.All roadways, driveways, sidewalks, etc . to be paved should be completed as soo n as possible. In addition, building pads should be laid as soon as possible afte r grading unless seeding or soil binders are used, 5.Prior to recordation of the final map, a screening level health risk assessment shall b e performed to determine potential health risks to residents of the development . Depending on the results of the screening level health risk assessment a more comprehensiv e analysis may be required . 6.All fill material on the property that will be exported during development of the site shal l be sampled and analyzed prior to transport from the property . If soil is found to b e contaminated it shall be disposed of at a permitted facility . h . Vehicle speed for all construction vehicles shall not exceed 15 mph on an y ' unpaved surface at the construction site , i.All trucks hauling dirt, sand, soil, or other loose materials are to be covered o r should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114 , j.Install wheel washers where vehicles enter and exit unpaved roads onto streets, o f wash off trucks and equipment leaving the site, and , ".k_ Sweep streets at the end of each day if visible soil material is carried ont o adjacent paved roads. Water sweepers with reclaimed water should be used wher e feasible . C3-10 • • • 'Attachment 2 Planning Commission Resolution ,No . 5517-0 9 GPA/R/PDITR/ABAN/A 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009) Page 7 7 . All owners, potential purchasers, occupants (whether as owners or renters), and potentia l occupants (whether as owners or renters) shall receive full and accurate disclosur e concerning the noise, safety, or over flight impacts associated with airport operation s prior to entering any contractual obligation to purchase, lease, rent, or otherwise occup y any property or properties within the airport area . 8.Aviation easements will be recorded for all properties involved in the proposed development with recordation of the final map . 9.The mixed-use structure west of Victoria Avenue shall not be constructed until afte r adoption of the South Broad Street Corridor Plan, or redesignation of the site to a lan d use designation which allows for a combination of commercial and residential uses . Any such Land Use changes shall be reviewed by the Airport Land Use Commission fo r compliance with the Airport Land Use Plan . 10.All owners and occupants shall receive disclosure concerning the adjacent manufacturin g uses and potential noise exposure . 11.A final trip reduction plan shall be provided to, and approved by the City prior to fina l map recordation . - B .Conditions 12.Final design of the project improvements shall be subject to review and approval by th e Architectural Review Commission, and shall include modifications to address the scale o f buildings facing Lawrence Drive, material changes to give architecture a more residentia l feel, details of community open space and consideration of community garden space, an d provision of a third solid waste enclosure. 13.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, se t aside, void or annul, the approval by the City of this subdivision, and all actions relatin g thereto, including but not limited to environmental review . 14.Easements for all public and common open spaces shall be clearly designated on th e Tract Map . 15.The tentative map describes a LLA affecting the project for which no specifi c information is provided . Should the LLA not occur, the project as shown on the tentativ e map is no longer valid . The details of the LLA should be provided for review to insur e there are no fatal flaws in the development proposal . 16.The final subdivision design and improvements shall comply with the South Broad Stree t Corridor Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications . C3-11 > Attachment 2 Planning Commission Resolution No . 5517-0 9 GPAJRIPDITR/ABANIA 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 8 17.All grading on the easterly edge of the proposed development, adjacent to railroad right - of-way shall be completed in such a manner that the toe of any slope is a minimum of 1 0 feet from the railroad right-of-way in order to accommodate a future bicycle path . A n appropriate structure shall be placed at the toe of the slope to prevent erosion onto th e future bicycle path area . The slope shall be designed such that the toe of the slope is a t least five feet horizontally from the sewer main . Any structures or retaining walls shal l be at least 10 feet away from the sewer and shall be designed such that no additional loa d is placed on the sewer main . 18.The tract map shall show and identify all easements described in the Title Report . 19.This development shall comply with the Waterways Management Plan . Provide a complete hydraulic analysis, grading, drainage, and erosion control plan in accordanc e with the Waterways Management Plan Volume III, Drainage Design Manual . 20.Show and note compliance with Engineering Standard IO1O .B for Storm Water Qualit y Management for the drainage originating from or being conveyed through the parkin g lots and private streets . Run-off from adjacent streets as well as run-off from the parkin g lots will require treatment under this standard . 21.The drainage flowing northerly toward Francis Avenue from the proposed project shal l be carried and discharged onto Francis Avenue in an approved drainage facility . Appropriate drainage easements from the adjoining property owner accepting th e drainage will be required.. 22.Francis Avenue shall be improved with the installation of curb and gutter on the southerl y side of the street to accommodate additional storm water flows that may be directed t o this street. 23.These streets, within the boundaries of the proposed subdivision and including transition s to existing improvements, shall be fully designed and constructed in accordance wit h current City Standards including a 40 foot curb to curb street section within a 60-foo t dedicated right-of-way, and curb,gutter, 10-foot integral sidewalk, tree wells, ramps , signing and striping . 24.A city standard 50-foot radius cul-de-sac shall be constructed where the Humbert Avenu e public street ends . A 50-foot radius right-of way at the easterly end of Francis Avenu e shall be provided . 25.The northerly side of Lawrence Drive shall be constructed to match the existing Vill a Rosa (Tract 2066) street section except for a 5-foot detached sidewalk . Complete a 40 - foot street section within a 60-foot right of way. Curb, gutter, detached sidewalk, ramp s signing and striping shall be designed and constructed to current City standards . 26.Street lighting, utilities and landscaping shall be installed in accordance with Cit y standards . C3-12 • Planning Commission Resolution.. 5517-09 Attachment 2 GPA/RJPD/TRJABAN/A 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 9 27.Prior to approval of improvement plans, any alternative paving materials proposed withi n the public right-of-way shall be approved by the Public Works Director . Alternative paving materials shall be maintained by the Homeowner's Association . 28.Common areas and landscaped parkways shall be owned and maintained in perpetuity fo r public use by the Homeowner's Association or Housing Authority of San this Obisp o County . Water meters for common landscape areas, including, but not limited t o parkways, medians and pathway corridors are subject to water impact fees and shall b e paid for by the subdivider . 29.The grading plan shall include provisions to comply with the soils engineer's recommendations, including expansive soils, preparation of paved areas and pavemen t design. The soils engineer shall supervise and approve all grading operations. 30.The subdivider's engineer shall submit water demand and wastewater generatio n calculations so that the City can make a determination as to the adequacy of th e supporting infrastructure . If an off-site deficiency exists, the subdivider will be require d to mitigate the deficiency as part of the overall project . 31.Sewer and water mains shall be located in accordance with City Standard #6010 . Al l final grades and alignments of all public water, sewer and storm drains (including servic e laterals and meters) are subject to modifications to the satisfaction of the Public Work s Director and Utilities Engineer . 32.The subdivision layout and preliminary utility plans shall include provisions for irrigatin g common areas, parks, and other large landscape areas with recycled water . Appropriatel y sized reclaimed water mains shall be designed and constructed from the City's trun k 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 th e boundary of the tract., 33.Include site sections or partial site sections as necessary to show site utilities. Provid e utility profiles as necessary where a possible conflict may exist between utilities for final placement and/or for constructability . Additional review may be required by the Utilities Engineer when complete plan information is provided . 34.Existing trees on adjacent properties shall be considered and protected if constructio n encroaches upon their drip lines . The large Acacia tree in the Open space shall be protected with a fence to be installed before grading or constructions begins and remains undisturbed until completion of this project . A small willow tree in the center of thi s project is ok to be removed and shall be mitigated for within the landscape plan t o include tree plantings . 35.Prior to the issuance of building permits, the applicant shall be responsible for payin g current transportation impact fees (TIF) plus a "fair share" mitigation fee for th e percentage of new trips generated by the project that will travel through the intersectio n C3-13 Attachment 2Planning Commission Resolution .5517-0 9 GPA/R/PD/TRIA BAN/A 27-06 and ER 123-08 (FIASLO) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 10 of Broad!South/Santa Barbara intersection as determined by the Public Works Director , and based on the estimated intersection improvement cost . 36.Previous traffic studies prepared for the Broad Street Corridor project identify th e intersection of Broad/Lawrence as a potential candidate for a future traffic signal . Thi s project will add traffic to this intersection . Prior to the issuance of building permits, th e applicant will be required to pay its fair share toward the design and installation of a future traffic signal at this intersection as determined by the Director of Public Works . 37.To minimize traffic impacts, a trip reduction plan and implementation program i s required . The plan shall include at a minimum : a) designation of a coordinator t o administer the program ; b) carpool, car share, bicycling and transit information ; c) availability of long term bicycle parking for residents, information and incentives fo r those who use alternative transportation such as subsides to employee s using public transit, or other measures to approval of the Public Works Director. The trip reduction plan shall be provided to all new tenants : A draft of the plan shall be submitte d for review as part of the building permit application . Occupancy shall not be granted until the plan has been approved by the Public Works Director . 38.Prospective tenants shall be notified of the project's requested and approved parkin g reductions and tandem parking . Additionally, they should be advised that they shoul d ensure that the amount of on-site parking is adequate for their needs because they will no t be able to obtain on-street parking permits for any additional parking needs . 39.Garages within the project shall be used exclusively for parking vehicles and may not b e used for general storage, recreation, or other uses that would prevent the parking o f vehicles as required by the Zoning Regulations . 40.The project design shall not preclude the future construction of a . bike path along th e railroad . corridor at the foot of the project slope . Prior to final map recordation, th e applicant shall record an easement for the future bike path as necessary . To :determine the easement area, the applicant shall submit a site/grading plan that illustrates where this path can be located and how this project will provide access to the future bike path . 41.The project design shall not preclude the future construction of a bicycle bridge over th e railroad tracks at Francis Street . Prior to final map and abandonment approval, th e applicant shall submit a site plan/grading plan illustrating on-site and publi c improvements outside of the area identified for the Francis Street bicycle bridge , abutments and ADA ramping . 42.Public improvements shall comply with the draft Broad Street Corridor Plan whic h identifies Victoria Street as a "Village Street" and Lawrence Drive as an "Entry Street". 43.Long and short-term bicycle parking shall be provided in accordance with Table 6 .5 o f the Zoning Regulations . Short-term bicycle racks shall be placed in visible locations nea r public entries . Dimensioned locations and details of the short and long-term bicycl e parking (including 2x6 dimensioned area for each bicycle parking space in a residentia l C3-14 • Planning Commission Resolution o . 5517-09 }Attachment 2 GPA/RJPD/TR/ARAN/A 27-06 and ER 123-08 (HASLO ) 851 &860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page I I dwelling) shalt be provided on the project's construction plans including rack design, location, clearances and circulation for users in compliance with manufacturers ' standards . 44.Continued affordability provisions shall be developed to assure units remain affordable t o residents that earn low, lower, moderate and work force incomes . These provisions may allow for equity accumulation over time . The continuance of affordability shall b e subject to review and approval by the Community Development Director prior t o issuance of building permits . C .Code requirements :The following code requirements are included for informatio n purposes only . They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. 45.An encroachment permit will be required from the Public Works Department for an y work or construction staging in the public right-of-way . 46.A traffic control plan and/or pedestrian control plan shall be approved prior t o encroachment permit issuance for work in the public right-of-way . 47.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 . A 3 .5"diamete r computer floppy disk, containing the appropriate data compatible with AutoCAD(Digita l Interchange Format, DXF) for Geographic Information System (GIS) purposes ;shall b e submitted to the satisfaction of the Public Works Director . 48.Prior to acceptance by the City of public improvements, the developer's engineer shal l submit a digital version of all public improvement plans & record drawings,' ornpatibl e with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director . 49.EPA Requirement :General Construction Activity Storm Water Permits are required fo r all storm water discharges associated with a construction activity where clearing, gradin g and excavation results in land disturbance of one or more acres . Storm water discharge s of less than one acre, 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 b e covered by a General Construction Activity Permit, the owner(s) of land wher e construction activity occurs must submit a completed "Notice of Intent" (NOI) form, wit h the appropriate fee, to the State Water Resources Control Board (SWRCB). 50.A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRC B shall be included as part of the building permit and/or grading permit plan submittal . The WDID Number issued by the board shall be noted on all plans that involve regulated lan d disturbing activities . C3-15 am. it Attachment 2Planning Commission Resolution No . 5517-0 9 GPA/R/PD :TR/ABANIA 27-06 and ER 123-08 (HASLO ) 851 & 860 Humbert Avenue, and Unaddressed Vacant Lot (004-951-009 ) Page 12 51.Document compliance with the new draft Water Quality Board State Constructio n Permit, which requires dischargers to replicate the pre-project runoff water balance (fo r this permit, defined as the amount of rainfall that ends up as runoff) for the smalles t storms up to the 85 th percentile storm event (or the smallest storm event that generate s runoff, whichever is larger). 52.Provide a complete site utility plan . Show all existing and proposed on-site and off-sit e utilities . Show the location of all overhead and underground utilities along with th e location of any utility company meters . Show all existing and proposed improvements located within the public right-of-way if applicable . 53.Show and note that the new wire services shall be placed underground in accordance wit h UBC Section 308 .3 as amended locally . 54.Provide separate engineering drawings or a composite utility plan from P . G . & E ., ATT/PacBell, and Charter for the new wire utilities if necessary . If these plans are no t available, note on the cover sheet of the plans and utility plan these engineered utilit y plans will be a deferred submittal item . Further note that "The engineered utility plan s shall be submitted to the city for review and approval prior to commencing with any on - site or off-site utility construction." 55.Complete the gas pipe sizing for the proposed gas service to these buildings . The gas . company shall review these plans for the proposed gas piping and gas meter locations : Provide gas meter clusters as required by the gas company . Provide a copy of a signed . utility plan or separate transmittal from the gas company indicating their review an d approval of the piping as shown . 56.Show the location, size, and material of all public water mains, recycled water mainlines,::- sewer mains, and public storm drain systems . 57.Show all required or proposed parking lot improvements, lot dimensions,. spac e dimensions, materials, space and aisle slopes, drainage, pavement markings, signage;and .. striping in accordance with the Parking and Driveway Standards and disabled acces s requirements of the CBC . The parking and driveway standards are available from th e Community Development Department or are available within the Engineering Standards . The Parking and Driveway Standards are again available in U .S . Customary Units . 58.The final map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act . 59.The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tre e easement across the frontage of each lot, adjacent to and contiguous with all public right - of-way lines . 60.One Street Tree is required per . 35' lineal feet of street frontage or any part thereof . Street trees shall be from the Master Street Tree List and planted to City of San Luis Obisp o Engineering Standards . • ''Attachment 2 Planning Commission Resolution . 5517-0 9 OPAIR/PD/TR/ABAN!A 27-06 and ER 123-08 (HASLO ) 851 & 860 Humber. Avenue, and Unaddressed Vacant Lot (004-951-009) Page I3 61.Final locations of fire hydrants and water meters appear shall be shown on th e improvement plans, and shall be approved by the Utility Department . 62.Eave and balcony overhangs projecting beyond the floor area shall conform to th e requirements of CBC Section 704 .2 . - On motion by Vice-Chairperson Multari, seconded by Commissioner Draze, and on th e following roll call vote : AYES : Commissioners Boswell, Draze, Meyer, Singewald, Whittlesey, Multari, an d Stevenso n NOES : None REFRAIN : Non e ABSENT: Non e On a second motion by Vice-Chairperson Multari, seconded by Commissioner Boswell, and o n the following roll call vote : AYES : Commissioners Boswell, Draze, Meyer, Singewald, Whittlesey, Multari, an d Stevenson NOES : None REFRAIN None ABSENT : None The- Commission voted to recommend that the City Council direct the Architectural-Review . Commission to :: 1 .. Consider modifications to the site plan to increase usable open space, including-possible , reconfiguration or elimination of the Humbert Avenue cul-de-sac . 2 . Consider providing bike path access from the site to-the Railroad Safety Path . 3 .- Review the width of the tandem parking garages . 4 ..:.Consider modifying the widths of decks to have a minimum depth of 5-feet or more .:- The foregoing resolution was passed and adopted this l 1 to day of February, 2009 . I , Doug Davidson, Secretary Planning Commissio n Exhibit A : General Plan and Zoning Amendment, and Surplus Property Request Exhibit B : ALUC approved disclosure agreemen t Exhibit C ; Abandonment r4_97 RESOLUTION NO. 10072 2009 Series) Attachment 30 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE FREDERICK AVENU E AND HUMBERT AVENUE RIGHTS-OF-WAY ARE UNNECESSARY FOR PRESEN T OR PROSPECT WE PUBLIC STREET PURPOSES AND ORDERING THEIR FINA L ABANDONMENT SUBJECT TO PRESCRIBED CONDITION S BE IT RESOLVED by the Council of the City of San Luis Obispo as follows : SECTION 1 . In accordance with a public hearing duly held on March 17, 2009, pursuan t to Section 8300 et seq . of the California Streets and Highways Code and a finding of Genera l Plan consistency, that this Council finds and determines that a portion of Frederick Ave . and Humbert Ave . as shown on the map for the Imperial Addition in the City of San Luis Obispo , County of San Luis Obispo, State of California as recorded in Book A of Maps at Page 128 in th e Office of the County Recorder of said County and as shown on Exhibit A, attached hereto an d incorporated herein, are not necessary for present or future public street purposes . The portion of Frederick Avenue to be abandoned is further described as a 60' right-of-way extending from th e southerly right-of-way line of Francis Avenue in a southerly direction to the northerly line of the previous Frederick Avenue abandonment described in 263 OR 33 on file in the office of th e County Recorder . The portion of Humbert Avenue to be abandoned is further described as a 60 ' right-of-way extending from the prolongation of the westerly line of Lot 9, Block 14 of th e Imperial Addition as previously referenced in an easterly direction to the westerly right-of-wa y line of Frederick Avenue . SECTION 2 . This Council hereby orders the abandonment of said rights-of-way subjec t to the following conditions : 1.The street abandonments shall not be finalized by the City until after all of the projec t discretionary approvals have been secured by the Housing Authority of the City of San Lui s Obispo (HASLO) for their housing project . 2.The rights-of-way necessary to complete the cul-de-sacs at the Francis and Humber t Street ends shall be irrevocably offered or re-offered for dedication to the City concurren t with or prior to final street abandonments . The required offers shall reflect City standard cul - de-sac designs to the satisfaction of the City . 3.The reservation of a non-exclusive easement, 25 .00 feet in width and 40 .00 feet in length, to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, o r remove from time to time, as Southern California Gas Company, a California Corporatio n ("Grantee") deems necessary, one or more pipelines and conduits, together with metering , measuring, regulating, cathodic protection, communications and other appurtenances a s installed by Grantee, lying within and being a part of the parcel described in the attached Exhibit B . R 10072 C3-18 • Attachment 3 4.The final development proposal shall incorporate design features that will help to reduce direct motor vehicle access from the site and/or adjoining street ends to the railroad track s and railroad right-of-way . 5.All abandonment conditions shall be met within one (1) year of adoption of thi s Resolution to Abandon. Otherwise, this resolution will expire and will be null and void . SECTION 3 . Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in Section 2 have been met, the City Clerk shall cause a certified cop y of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in th e Office of the San Luis Obispo County Recorder. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on th e following vote : AYES : Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle an d Mayor Romero NOES : None ABSENT : None The foregoing resolution was passed and adopted this 20 day of April 2009 . et: Mayor David F . Romero ATTEST : APPROVED AS TO FORM : c2e1i City Attorney C3-1 9 • • Resolution No . 10072 (2009 Series) Page 2 Attachment 3 Portion of Frederick Street to be abandone d Abandonment of Portions of Frederick Street and Humbert Avenu e GPfR/ABAN ER 27-0 6 850 and 861 Hinnbrat r:3-2n 0 Attachment 3 EXHIBIT B A non-exclusive easement, 25 .00 feet in width, to lay, construct, maintain, operate , repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring , regulating, cathodic protection, communications and other appurtenances as installed b y Southern California Gas Company, a California Corporation (Grantee), lying within an d being a part of the parcel described as : Beginning at a point, being the Southernmost corner of Lot 9 in Block 14 of the Imperia l Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of Sa n Luis Obispo, State of California, according to map recorded December 21, 1891 in Boo k A, Page 128 of Maps, in the Office of the County Recorder of said County ; thence North 57° 00' 00" East along the Northern right of way of Humbert Avenue for a distance of 40 .00 feet to a point ; thence South 33° 00' 00" East for a distance of 25 .0 0 feet to a point ; thence South 57° 00' 00" West for a distance of 40 .00 feet ; thence North 33° 00' 00" West for a distance of 25 .00 feet, and meeting the point o f beginning . C3-21 Attachment 4 Recording requested b y and when recorded mail to : City Clerk 990 Palm Stree t San Luis Obispo, CA 9340 1 RESOLUTION NO . (2012 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O VACATING A PORTION OF THE FREDERICK AVENU E AND HUMBERT AVENUE RIGHTS-OF-WA Y WHEREAS,the Planning Commission, as required by Section 65402 of the Californi a Government Code, made certain fmdings that the location, purpose, and extent of the proposed abandonment (vacation)of a portion of Frederick Avenue and Humbert Avenue is i n conformance with the adopted General Plan, as prescribed in Planning Commission Resolutio n No . 5517-09 ;an d WHEREAS,the portions of Frederick Avenue and Humbert Avenue proposed fo r vacation have been impassable for vehicular travel for at least five consecutive years and no publi c money was expended for maintenance on the streets during such period ; an d WHEREAS,adjoining properties remain accessible by other existing public streets ; and WHEREAS,all existing public utilities within the proposed streets to be vacated hav e been relocated and new easements will be dedicated ; and WHEREAS,the proposed vacation meets the requirements of a summary vacation pe r Section 8331 of the Streets and Highways Code ; and WHEREAS,the summary vacation procedure permits vacation of a street without publi c notice or hearing . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo as follows : - R C3-22 • Resolution No . (2012 Series) Attachment 4 Page 2 • SECTION 1 .That portion of Frederick Avenue in the City of San Luis Obispo, Count y of San Luis Obispo, State of California, as shown on the map for the Imperial Addition a s recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County , described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is no t necessary for present or future public street purposes : A 60' right-of-way extending from the southerly right-of-way line o f Francis Avenue in a southerly direction to the northerly line of th e previous Frederick Avenue abandonment described in 263 OR 33 on fil e in the office of the County Recorder of said County . SECTION 2 .That portion of Humbert Avenue in the City of San Luis Obispo, Count y of San Luis Obispo, State of California, as shown on the map for the Imperial Addition a s recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County , described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is no t necessary for present or future public street purposes : A 60' right-of-way extending from the prolongation of the westerly lin e of Lot 9, Block 14 of said Imperial Addition in an easterly direction to th e westerly right-of-way line of Frederick Avenue . SECTION 3 . The vacation of said rights-of-way is made pursuant to Section 8335 of the California Streets and Highways Code . SECTION 4 .From and after the date this resolution is recorded, said portions o f Frederick Avenue and Humbert Avenue rights-of-way no longer constitute a street . SECTION 5 .The Housing Authority of the City of San Luis Obispo shall dedicate th e necessary rights-of-way for the Humbert Avenue and Francis Avenue cul-de-sacs . Said offers o f dedication shall record concurrently with this resolution . SECTION 6.Upon notification from the Director of Public Works to the City Clerk tha t the conditions prescribed in Section 5 have been met, the City Clerk shall cause a certified cop y of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder . SECTION 7. The Mayor and City staff are authorized to take action necessary to carry ou t the intent of this resolution. Upon motion of , seconded by and on the following roll call vote : AYES : NOES : • ABSENT : C3-23 Resolution No . (2012 Series ) Page 3 The foregoing resolution was passed and adopted this 16 th day of October 2012 . Mayor Jan Marx ATTEST : Maeve Kennedy Grimes City Clerk APPROVED : J . Christine Dietrick J . Christine Dietric k City Attorney Attachment 4 • • T :\Council Agenda Reports\2012\2012-10-16\Abandonment of a portion of Frederick and Humbert (Mattingly-Hannula - Dostalek)Wttachment 3 - Resolution Abandoning Portion of Frederick and Humbert .docx C3-24 Attachment 4 ibis`JAU •. \ \ C I8 1 Fr N.'N Portion of Frederick kvE,. to be abandone d ;8,. H urn \ Portiomof Humbert Avenu eto`be abandone d t a ;r- A1nandoutment of''.p ions of Fred iitk AVt .and Humbert Av4nne C3-25 Page intentionally left 0 blank .