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HomeMy WebLinkAboutItem 6i. Approval of the Final Map for Tract 3136, Phase 1 (3580 Bullock Lane, SBDV-0490-2019)City of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: June 13, 2024 TO: Mayor and Council FROM: Timmi Tway, Community Development Director VIA: Whitney McDonald, Interim City Manager SUBJECT: ITEM 6I – APPROVAL OF THE FINAL MAP FOR TRACT 3136 PHASE 1, 3580 BULLOCK LANE (SBDV-0490-2019) Staff has received a request from the applicant, Barry Ephraim, Bullock Ranch LLC, to remove this item from the June 18, 2024 City Council meeting. Staff will work with the applicant to place this item on a future agenda as appropriate. Page 121 of 755 Page 122 of 755 Item 6i Department: Community Development Cost Center: 4003 For Agenda of: 6/18/2024 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Steve LaChaine, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3136 PHASE 1, 3580 BULLOCK LANE (SBDV-0490-2019) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3136 Phase 1 (3580 Bullock Lane, SBDV-0490-2019),” and authorize the Mayor to execute a Subdivision Agreement in a form subject to the approval of the City Attorney. POLICY CONTEXT This item supports the development of 96 housing units in Tract 3136 Phase 1, which directly advances a Major City Goal for additional housing needs. City Council approval is required for subdivision final maps pursuant to Government Code 66458(a). DISCUSSION Background Tract 3136 (SBDV-0490-2019), commonly known as Bullock Ranch, is located at 3580 Bullock Lane (Attachment A) in the Orcutt Area Specific Plan (OASP) area. A vesting tentative tract map for Tract 3136 was approved by the City Council on January 11, 2022, by Resolution No. 11299 (2022 Series). The tentative map (Attachment B) approved a 192-unit mixed-use development, including seven live/work units, a 585-square-foot commercial unit, on-site parking, and other residential community amenities for the subdivider (Bullock Ranch, LLC) to develop. The Phase 1 final map creates a total of 9 lots on 7.20 acres of the 10.93-acre Bullock Ranch site. The 3.73-acre Remainder Parcel (Future Tract 3136 Phase 2) will include the remaining 5 lots. The tentative map and project conditions of approval included the finished buildout of Bullock Lane as a public collector street from its existing southerly terminus south of Orcutt Road to the recently constructed roundabout at Tiburon Way/Bullock Lane/Righetti Ranch Road, providing new connectivity between Orcutt Road and the Orcutt Specific Plan Area. The developer was successful in acquiring the necessary private right-of-way required for these improvements and is required to complete construction prior to occupancy of the development. Page 123 of 755 Item 6i The tentative map and Condition of Approval 83 required the developer to design and construct an extension of the Railroad Safety Trail shared-use path between Tiburon Way and Orcutt Road along the west side of Bullock Lane, parallel to the Union Pacific Railroad (UPRR) tracks. However, this condition was contingent on the City acquiring the necessary easements from UPRR needed to construct the facility. Unfortunately, after nearly two years of coordination and negotiations between UPRR and City staff, UPRR ultimately rejected the City’s request for the easement needed to construct the shared-use path extension. Instead, UPRR has requested that the City first complete a series of improvements to the existing at-grade rail crossing on Orcutt Road before they will grant the easements needed for the shared -use path extension, such as the installation of additional flashers, medians, ADA improvements, and other minor improvements related to striping and signage. The developer has substantially completed the design for the path extension per the project conditions of approval, however, they are no longer obligated to construct the facility due to the lack of the required easement. Instead, they will provide all design materials to the City and pay their fair share financial contribution towards future construction of these improvements by the City through participation in the Citywide and Orcutt Subarea Transportation Impact Fee programs. As part of the City’s 2023 -25 Financial Plan, funding was allocated for City staff to initiate design work for the Orcutt Road rail crossing improvements requested by UPRR as a condition of the granting the easement. The Financial Plan also allocated funding for construction of the shared -use path extension as a City-led capital improvement project. Subdivision Improvements The public improvements required for this subdivision consist of street and utility improvements to Bullock Lane and Ranch House Road along the project frontage and to Bullock Lane extending north approximately 300 feet. Access to the subdivision is provided via Bullock Lane on the west side, and on the east side of the project, Sponza Drive extends into the project site as a private street, creating a four -way intersection at the intersection of Sponza Drive and Ranch House Road. All of the in -tract utilities and streets will be privately owned and maintained. The scope of the proposed subdivision improvements to be constructed with Tract 3136 Phase 1 are consistent with the approved project entitlements and conditions of approval, except for the bicycle and pedestrian path along the railroad right-of-way, which has been deferred due to the inability to come to an agreement with UPRR as explained above. Affordable Housing As identified in Condition #18, the City is actively working with the Subdivider to complete the Affordable Housing Agreement. The Agreement outlines the inclusionary units required for the project. The number and type of inclusionary units are consistent with the requirements of Housing Element policy 4.1, Municipal Code Section 17.138.040 and policies 3.3.1 through 3.3.7 of the Orcutt Area Specific Plan (OASP). Notably, OASP Policy 3.3.5 exempts the Community Commercial Mixed-Use portions of any project from Inclusionary Housing requirements. Page 124 of 755 Item 6i Resolution No. 11299 (2022 Series) Condition No. 18 identifies that seven (7) deed restricted affordable units are required within the project (2 low and 5 moderate income households). The agreement will be reviewed and approved by the Community Development Director and be recorded concurrent with recordation of the final map. The seven (7) affordable units are divided into two (2) for Tract 3136 Phase 1 and five (5) for Future Tract 3136 Phase 2 (Remainder). Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150, therefore, this vesting tentative map originally had an expiration date of October 27, 2023. The expirations of tentative map approvals were automatically extended 18 months pursuant to City Council Resolution 11264 related to Covid-19 emergency actions which extended the tentative map approval for Bullock Ranch to August 28, 2024. The filing of Phase 1 will automatically extend the life of the tentative map by an additional 36 months beyond the August 28, 2024 expiration date per California Government Code 66452.6(A). The draft final map for Tract 3136 Phase 1 (Attachment D) is ready for review and approval and near the level of completeness needed for recordation with the County. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the Phase 1 final map is in substantial compliance with the tentative map. Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” In other words, the approval of a final map is considered a ministerial action because approval is required if the final map is in substantial conformance with the approved tentative map. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement Phase 1 (Attachment E). The resolution approving the Tract 3136 Phase 1 final map (Attachment G) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. CONCURRENCE The Public Works Department and Natural Resources Manager concur with the recommended action. ENVIRONMENTAL REVIEW The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified by City Council on March 2, 2010. The Bullock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project -specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted by City Council Resolution 11299 on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. Page 125 of 755 Item 6i Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. FISCAL IMPACT Budgeted: Yes/No Budget Year: 2024-25 Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ State Federal Fees Other: Total $ $ $ $ There is no new fiscal impact to the City associated with approving the final map for Tract 3136 Phase 1. The public improvements that will be constructed with this tract will result in an increase in maintenance costs for the public street improvements, water/fire services, and other infrastructure upon acceptance of the improvements by the City. These costs will be shown in future Financial Plans as the facilities are accepted and begin to require standard maintenance. The interior access roads/drive aisl es, on-site utilities, and stormwater improvements are private and will be maintained by the property owners/Homeowners Association. ALTERNATIVES The City Council could deny approval of the final map. Denying approval of the final map is only appropriate if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Since the final map is in substantial compliance with the tentative map, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made. Page 126 of 755 Item 6i ATTACHMENTS A - Draft Resolution approving the Final Map (SBDV-0490-2019) B - Tract 3136 Phase 1 Vicinity Map C - Tract 3136 Phase 1 Vesting Tentative Tract Map D - Tract 3136 Phase 1 Subdivision Improvement Plans – Excerpt E - Tract 3136 Phase 1 Draft Final Map F - Tract 3136 Phase 1 Subdivision Agreement Page 127 of 755 Page 128 of 755 R _____ RESOLUTION NO. ___________ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3136 PHASE 1 (3580 BULLOCK LANE, SBDV-0490-2019) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 3136 Phase 1, as prescribed in Resolution No. 11299 (2022 Series); and WHEREAS, the City is actively working with the subdivider on an Affordable Housing Agreement for two (2) deed restricted affordable housing units for the Bungalows in Phase 1, as prescribed in Resolution No. 11299 (2022 Series). The agreement shall be approved by the director of Community Development and record concurrent with recordation of the final map; and WHEREAS, all the requirements, conditions and mitigation measures of said Resolution No. 11299 (2022 Series) will be completed or appropriate securities will be in place prior to Phase 1 map recordation to guarantee their completion; and WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The Bullock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract 3136 is found to be in substantial compliance with the tentative map. SECTION 2. The Mayor is authorized to execute a Subdivision Agreement for Tract 3136 Phase 1 in a form subject to the approval of the City Attorney. SECTION 3. Approval of the final map for Tract 3136 Phase 1 is hereby granted. SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Page 129 of 755 Resolution No. _________ (2024 Series) Page 2 R _____ SECTION 5. Environmental Review. The 2010 Final Environmental Impact Report for the Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative Tract Map 3136 constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Upon motion of _______________________, seconded by ____________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2024. ___________________________ Mayor Erica A. Stewart ATTEST: __________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: ___________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington, City Clerk Page 130 of 755 VICINITY MAP TRACT 3136 NOT TO SCALE Page 131 of 755 Page 132 of 755 OH OH OH OH OH OH OH ARV APN 053-061-053 225 23 0 2 3 5 223 224 22 6 227 228 2 2 9 23 1 2 3 1 231 232 233 2 3 3 23 3 2 3 4 2 3 6 237 2322322322223233223232232232232232232232232233223223223222232233 N 3 2 ° 0 1 ' 0 2 " W 2 3 1 . 3 2 ' 50'50'30'27' 100'57' PIPE LINES EASEMENT 2348/OR/112 SLOPE MAINTENANCE EASEMENT 31/OR/409 STREET RIGHT-OF-WAY DOC #17-24305 PUBLIC ROAD/UTILITY DOC #90-38260 22 ' S E W E R E A S E M E N T DO C # 1 7 - 2 4 3 0 6 (T O B E A B A N D O N E D ) PIPE LINES EASEMENT2348/OR/112 PUBLIC STREET/UTILITIES DOC #17-25192 STORM DRAIN EASEMENT DOC #17-24540 TO BE ABANDONED FOREFFO'03 NOITACIDED 27' OFFER OF NOITACIDED 53.19'204.00'180.00'182.00'152.83'193.42' 24 0 . 1 4 ' 59 . 0 0 ' 16 3 . 4 7 ' 15 8 . 3 3 ' 79 . 2 8 ' 22 5 . 0 0 ' 22 4 . 9 0 ' 79 . 3 0 ' 15 8 . 3 4 ' 24 0 . 2 5 ' 22 2 . 3 0 ' (E) PARCEL LINE TO BE DELETED STREET IMPROVMENTS PER APPROVED PLANS TYP STREET IMPROVMENTSPER APPROVED PLANS TYP PROPOSED AIRSPACE CONDOMINIUM TYP PH A S E 1 PH A S E 2 PH A S E 1 PH A S E 2 PH A S E 1 PH A S E 2 335,707 SF 219,639 SF 913,046 SF 831,713 SF 443,243 SF546,590 SF 1134,375 SF 1012,118 SF 1241,880 SF 1350,146 SF 1424,199 SF 631,713 SF 729,424 SF 136,851 SF PROPOSED AIRSPACE CONDOMINIUM TYP 8' PRIVATE DRAINAGE EASEMENT 6' D R A I N A G E E A S E M E N T T O BE N E F I T A P N 0 7 6 - 4 8 1 - 0 0 7 PROPOSED AIRSPACE CONDOMINIUM TYP PROPOSED AIRSPACECONDOMINIUM TYP ZONED 'MIXED USE/NEIGHBORHOOD COMMERCIAL (SHADED AREA) SPONZA PL 'B ' S T R E E T 'B ' S T R E E T 'C' STREET COURT '1' COURT '2' COURT '4' COURT '3' COURT '5' CO U R T ' 6 ' 'C ' S T R E E T CO U R T ' 1 1 ' CO U R T ' 1 0 ' CO U R T ' 9 ' CO U R T ' 7 ' COURT '8' SPONZA PL 'A' STREET 'A' STREET Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com Bullock Ranch SAN LUIS OBISPO, CA # 2018-1068 Vesting Tentative Tract 3136 SEPTEMBER 28, 2021 NOR T H 40 20 0 40 80 SCALE: 1" = 40' B U L L O C K L N U P R R Proposed Parcel Index Lot Phase Area (sf)Condominiums 1136,851 0 2 1 19,639 8 3134,707 10 4 1 43,243 18 5 1 46,590 16 6131,713 12 7 1 29,424 12 8131,843 12 9113,046 8 10 2 12,118 0 11 2 34,375 30 12 2 41,880 24 13 2 50,146 24 14 2 24,199 18 OFFERS -25,161 - TOTAL -475,935 192 Existing Parcel Index Prior APN Gross Net OWNER PRIOR CURRENT LOT SF ACRE SF ACRE Anderson 076-481-008 004-705-009 PORTION LOT 133 1/LS/92 237,930 5.46 231,739 5.32 Evans 076-491-008 053-061-053 PORTION LOT 134 1/LS/92 238,005 5.46 219,974 5.05 TOTAL 475,935 10.93 451,713 10.37 SANDPIPER INVESTMENTS (PRATT) APN 004-705-010 PE P P E R T R E E P R O P E R T I E S ( J O N E S ) AP N 0 0 4 - 7 0 9 - 0 2 6 , - 0 2 7 , - 0 2 8 TR A C T 3 0 6 6 PSSH APN 053-061-057 MU I C K AP N 0 0 4 - 7 0 5 - 0 0 5 TR A C T 3 0 4 4 SANDPIPER INVESTMENTS (PRATT) APN 053-061-056TRACT 3111 BLANKET EASEMENT NOTE: ALL ON-SITE AREAS EXCEPT BUILDINGS, PRIVATE PATIOS/PORCHES, AND FENCED REAR YARDS ARE RESERVED FOR COMMON USE, PUE, PRIVATE ACCESS, UTILITY, SEWER, WATER, AND DRAINAGE EASEMENTS. PRIVATE RECIPROCAL ACCESS EASEMENTPRIVATE RECIPROCALPEDESTRIAN ACCESS EASEMENT TO THE NORTH OF THE OASP CITY OWNS LAND UNDER WESTERN 30 FEET OF BULLOCK LANE Page 133 of 755 Page 134 of 755 GRADING LEGEND GENERAL LEGEND 99 100 MB MB MB MB MB MB LO T 9 LO T 1 7 LO T 1 8 TC@DI: 236.5' TC@ D I : 239 . 0 ' TC@ D I : 238 . 8 ' TG:235.1' TG:238.3' CONC 24 0 237238 2 3 9 230 235 230 230 230 235 235 235 230 235 240 FP 236.29 FP 235.76 FP 234.76FP 235.29 FP 232.51 FP 233.19 FP 231.51 FP 232.19 FP 237.62 FP 237.19 FP 236.86 FP 236.53 FP 235.53FP 235.86FP 236.19FP 236.62 FP 240.11 FP 239.78 FP 239.31 FP 238.98 FP 238.46 FP 237.46FP 237.98FP 238.31FP 238.78FP 239.11 FP 238.05 FP 234.34 FP 234.84 FP 235.59 FP 236.34 FP 237.05 FP 237.55 FP 236.87 FP 233.38 FP 234.88 FP 234.12 FP 233.74 FP 233.49 FP 232.49 FP 231.99 FP 231.49 FP 232.12 FP 231.74 FP 231.49 FP 230.49 FP 229.99 FP 231.21 FP 229.71 FP 230.39 FP 231.89 FP 237.37 FP 235.88 FP 235.13 FP 234.38 GRADING GENERAL NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H 0020'40' 20'SCALE: 1" = CONTINUATION LINE - SEE C4.1 & GR A D I N G - P H A S E D - G R A D I N G 0 1 - P H A S E 1 NOT FOR CONSTRUCTION Page 135 of 755 LO T 1 LO T 8 LO T 2 LO T 7 L DIR T MO U N D 220 225 2 2 0 220 220 225 230 220 225 220 22 5 FP 232.12 FP 231.74 FP 231.49 FP 230.49 FP 229.99 FP 226.51FP 227.51FP 228.24FP 228.24FP 228.62 FP 226.62 FP 225.51 FP 229.71 FP 230.39 FP 227.29FP 226.85 FP 225.35 FP 225.79 FP 226.33 FP 226.08 FP 225.46 FP 224.95 FP 222.95FP 223.46FP 223.46FP 224.08FP 224.33 FP 221.13 FP 220.46 FP 219.54 FP 219.74 FP 218.24FP 217.54FP 218.46FP 219.13FP 219.63 FP 225.39 FP 224.89FP 223.47 FP 224.97 FP 221.15 FP 221.65 FP 219.65 FP 220.15 FP 219.58 FP 219.08 FP 218.58 FP 217.08FP 217.58FP 218.08 FP 217.03 FP 2 1 7 . 5 3 FP 2 1 8 . 2 1 FP 2 1 8 . 7 1 FP 216.83 FP 226.24 FP 2 1 7 . 8 3 P 2 1 6 . 2 5 P 2 1 5 . 5 8 FP 2 1 7 . 0 8 GRADING LEGEND GENERAL LEGEND 99 100 GRADING GENERAL NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H CONTINUATION LINE - SEE C4.0 CONTINUATION LINE - SEE C4.2 0020'40' 20'SCALE: 1" = &1 GR A D I N G - P H A S E D - G R A D I N G 0 2 - P H A S E 1 PHASE 1 PHASE 2 PHASE 1 PHASE 2 NOT FOR CONSTRUCTION Page 136 of 755 G G G G G G G G G G G G G G G G G G G G G G EDGE OF RAILROAD ROCK RUBBLE OHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOH ST R U C T U R E TC@DI:213.1' TC@D 213.3 AIL (T O P ) : 2'AIL ( T O P ) : 45'RAIL ( T O P ) : 4.0' TG:209.8' 211 212213 2 1 1 2 1 2 2 1 3 21 4 PA V E M E N T ST R U C T U R E ST R U C T U R E S SH E D SH E D OLD C O N C FO U N D A T I O N DIR T MO U N D PA V E M E N T SH E D SH E D ST R U C T U R E S 210 210 215 21 5 21 5 220 2 2 0 215 220 210 210 208 208 209 209 FP 219.58 FP 219.08 FP 218.58 FP 217.08FP 217.58FP 218.08 FP 217.33 FP 216.83 FP 216.33 FP 215.33 FP 2 1 5 . 0 3 FP 2 1 5 . 7 0 FP 2 1 6 . 3 7 FP 217.03 FP 2 1 5 . 0 3 FP 2 1 5 . 8 6 FP 2 1 6 . 6 9 FP 2 1 7 . 5 3 FP 2 1 5 . 2 1 FP 2 1 6 . 2 1 FP 2 1 7 . 2 1 FP 2 1 8 . 2 1 FP 2 1 8 . 7 1 FP 2 1 7 . 7 1 FP 2 1 6 . 7 1 FP 2 1 5 . 7 1 FP 215.83 FP 216.83 FP 2 1 3 . 4 2 FP 2 1 3 . 0 2 FP 2 1 3 . 0 8 FP 2 1 3 . 0 8 FP 2 1 3 . 3 8 FP 2 1 7 FP 213.83 FP 2 1 6 . 2 5 FP 2 1 5 . 5 8 FP 2 1 5 . 6 9 FP 2 1 5 . 3 3 FP 2 1 4 . 5 7 FP 2 1 3 . 8 3 FP 2 1 7 GRADING LEGEND GENERAL LEGEND 99 100 GRADING GENERAL NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H CONTINUATION LINE - SEE C4.1 0020'40' 20'SCALE: 1" = & GR A D I N G - P H A S E D - G R A D I N G 0 3 - P H A S E 2 NOT FOR CONSTRUCTION Page 137 of 755 GRADING LEGEND GENERAL LEGEND 99 100 MB MB MB MB MB MB 225 220 220 215 220 R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H 0010'20' 10'SCALE: 1" = & GR A D I N G - P H A S E D - G R A D I N G D E T A I L S ACCESSIBLE PARKING DETAIL1 STREET CROSSING DETAIL2 STREET CROSSING DETAIL3 INTERSECTION CROSSING DETAIL4 STREET CROSSING DETAIL5 STREET CROSSING DETAIL6 STREET CROSSING DETAIL7 STREET CROSSING DETAIL8 ACCESSIBLE PARKING DETAIL9 ACCESSIBLE PARKING DETAIL10 STREET CROSSING DETAIL11 PHASE 1 PHASE 2 PHASE 1 PHASE 2 PHASE 1 PHASE 2 PHASE 1 PHASE 2 Page 138 of 755 MB MB MB MB MB MB LO T 9 LO T 1 7 LO T 1 8 GENERAL LEGEND SANITARY SEWER KEY NOTES STORM DRAIN KEY NOTES WATER KEY NOTES UTILITY GENERAL NOTES STORM DRAIN LEGEND: WATER LEGEND: SANITARY SEWER LEGEND: DRY UTILITY LEGEND: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H 0020'40' 20'SCALE: 1" = CONTINUATION LINE - SEE C5.1 C5.0 UT I L I T Y P L A N - P H A S E 1 NOT FOR CONSTRUCTION Page 139 of 755 GENERAL LEGEND SANITARY SEWER KEY NOTES STORM DRAIN KEY NOTES WATER KEY NOTES UTILITY GENERAL NOTES STORM DRAIN LEGEND: WATER LEGEND: SANITARY SEWER LEGEND: DRY UTILITY LEGEND: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H 00 20' 40' 20'SCALE: 1" = CONTINUATION LINE - SEE C5.0 CONTINUATION LINE - SEE C5.2 00 20' 40' 20'SCALE: 1" = C5.1 UT I L I T Y P L A N - P H A S E 1 Page 140 of 755 G G G G G G G G G G G G G G G G G G G G G G OHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOH GENERAL LEGEND STORM DRAIN KEY NOTES WATER KEY NOTES STORM DRAIN LEGEND: WATER LEGEND: SANITARY SEWER LEGEND: DRY UTILITY LEGEND: SANITARY SEWER KEY NOTES UTILITY GENERAL NOTESPHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H CONTINUATION LINE - SEE C5.1 00 20' 40' 20'SCALE: 1" = C5.2 UT I L I T Y P L A N - P H A S E 2 Page 141 of 755 GENERAL LEGEND MB MB MB MB MB MB GENERAL KEY NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H CONTINUATION LINE - SEE C6.1 00 20' 40' 20'SCALE: 1" = C6.0 SI T E A N D H O R I Z O N T A L C O N T R O L P L A N - P H A S E 1 Page 142 of 755 GENERAL LEGEND GENERAL KEY NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H 00 20' 40' 20'SCALE: 1" = CONTINUATION LINE - SEE C6.2 CONTINUATION LINE - SEE C6.0 C6.1 SI T E A N D H O R I Z O N T A L C O N T R O L P L A N - P H A S E 1 PHASE 1 PHASE 2 PHASE 1 PHASE 2 Page 143 of 755 GENERAL LEGEND G G G G G G G G G G G G G G G G G G G G G G GENERAL KEY NOTES: PHASING NOTES: R R R TR A C T 3 1 3 6 - B U L L O C K R A N C H CONTINUATION LINE - SEE C6.1 00 20' 40' 20'SCALE: 1" = C6.2 SI T E A N D H O R I Z O N T A L C O N T R O L P L A N - P H A S E 2 Page 144 of 755 Page 145 of 755 Page 146 of 755 Page 147 of 755 Page 148 of 755 1 SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1 THIS SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1 (“Agreement”) is dated ________________________________ by and between BULLOCK RANCH, LLC, a California limited liability company, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 3136 PHASE 1, City of San Luis Obispo, California, as approved by the City Council on the _____ day of ______________, 2024. The Subdivider desires that said Tract 3136 PHASE 1 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements set forth in this Agreement. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider, or assignee, does hereby agree to construct and install the following subdivision improvements (collectively, the “Improvements”), in accordance with said subdivision regulations and the approved plans and specifications dated ____________ ______, 2024 which are on file in the office of the City Engineer, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING Page 149 of 755 2 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. LANDSCAPING 5. DRAINAGE STRUCTURES 6. STREET LIGHTS 7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the Subdivider has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by Resolution Number 11299 approved by the City Council on January 11, 2022 (“Project Approvals”). All of the Improvements shall be installed per the plans and specifications referenced above and any modifications thereto approved by the City Engineer (the “Approved Plans”). The lines and grades for all of said Improvements shall be established by the Subdivider in accordance with the Approved Plans. The Subdivider agrees that the work of installing the Improvements shall begin within Ninety (90) days from the date of recording of the Tract 3136 PHASE 1 final map, and that the work shall be completed within Twenty-Four (24) months of said recording date, unless an extension has been granted by the City; the grant of any such extension shall not be unreasonably withheld by the City. Subdivider further agrees to annually renew the securities guaranteeing the Improvements until such time as the Improvements Page 150 of 755 3 are complete and accepted by the City. It is further provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the securities filed with the City pursuant to this Agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the conditions of approval set forth in the Project Approvals. Subdivider has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The setting of new survey monuments or resetting of disturbed monuments shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the faithful performance of this Agreement, instrument(s) of credit or bond approved by and in favor of the City of San Luis Obispo, and conditioned upon the faithful performance of this Agreement. As shown in Exhibit 2, said instrument(s) of credit or bond shall be in the amount of $1,649,500 for the public portion of the Improvements and $5,777,000 for the private portion of the Improvements. Completion of the Improvements shall be deemed to have occurred on the date which: (a) the City Engineering Division accepts the public portion of the Improvements per the Approved Plans (“Final Acceptance”); and, (b) the City Building Division approves the private portion of the Improvements per the Approved Plans (“Final Inspection”). Neither periodic nor progress inspections or approvals shall bind the City to accept the Improvements or waive any defects in the same or any breach of this Agreement. Page 151 of 755 4 Subdivider agrees to remedy any defects in the Improvements arising from faulty workmanship or materials or defective construction of: (a) the public portion of the Improvements occurring within twelve (12) months after Final Acceptance; and, (b) the private portion of the Improvements occurring within twelve (12) months after Final Inspection. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the Improvements arising within a period of one year following the completion and acceptance thereof. If the Subdivider fails to complete the Improvements within the prescribed time, the Subdivider agrees that City may, at its option, declare any instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete the Improvements, or City may complete said Improvements and recover the full cost and expense thereof from the Subdivider or its surety. The Subdivider has deposited with the City a labor and materials surety or sureties in the amount of 50% of the above-described subdivision improvements ($824,750 and $2,888,500) in accordance with State law. Said Subdivider shall pay an inspection fee for City to inspect the installation of said Improvements, and to verify that they have been completed in accordance with the Approved Plans. Page 152 of 755 5 If off-site dedication of property is necessary to facilitate the construction of the required Improvements, the Subdivider and City shall adhere to the requirements of the Project Approvals with regards to acquiring said off-site dedication. 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 (“Indemnified Claims”). The City shall promptly notify the Subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. It is understood and agreed by and between the Subdivider and the City hereto that this Agreement shall bind the heirs, executors, administrators, successors and assigns of the respective parties to this Agreement. [signatures on following page] Page 153 of 755 6 IN WITNESS WHEREOF, this Agreement has been executed by: SUBDIVIDER BULLOCK RANCH, LLC, a California Limited Liability Company ___________________________ By: Barry Ephraim, Manager ___________________________ By: John Young, Manager CITY OF SAN LUIS OBISPO Mayor Erica A. Stewart ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: _ J. Christine Dietrick, City Attorney Page 154 of 755 7 EXHIBIT 1 TRACT 3136 PHASE 1 SUBDIVISION AGREEMENT 1. The Subdivider shall deposit a monumentation security in the amount of $12,400 to guarantee the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released once the installation of monuments has been verified and that existing monuments have not been disturbed, and upon receipt by the City of a letter from the Surveyor indicating that they have completed the work and have been paid. Subdivider shall adhere to the requirements of California Business and Professions Code Section 8771 with regards to monument preservation. The monumentation security also guarantees the replacement of any monuments that were disturbed during construction, along with filing of Records of Survey or Corner Records required by said Section 8771. 2. Park in-lieu fees (parkland Quimby fee) for the multi-family Tract 3136 Phase 1 are to be paid prior to final map recordation per this Subdivision Agreement. The Park Improvement fees are deferred to time of building permit issuance per the conditions of approval of Tract 3136. 3. The Subdivider shall pay a roadway maintenance fee to satisfy the roads maintenance requirements of the City, specifically maintenance caused by a surplus of heavy vehicles during the temporary construction activities of the project. The fee of $15,000 was estimated and approved by the City Engineer in accordance with City Engineering Standards and guidelines. 4. The subdivider shall comply with all requirements of City Council Resolution No. 11299 and Council Resolutions related to approval of the tentative map, approving the Orcutt Area Specific Plan, and certifying the Final Environmental Impact Report. (3580/3584 BULLOCK LANE FILE #ARCH-0489-2019, SBDV- 0490-2019, EID-0345-2020) Page 155 of 755 8 EXHIBIT 2 TRACT 3136 PHASE 1 - FEE AND BOND LIST, BULLOCK LANE Bonds and Guarantees: Amount Form Date Received Bond Release Status Faithful Performance: 1. OFF-SITE IMPROVEMENTS (PIPs) (FMAP-0177-2022) $1,649,500 Bond Based on Engineer’s estimate of probable cost, minus minor items subtracted. To be released upon Final Acceptance. 2. ON-SITE IMPROVEMENTS (FMAP-0177-2022) $5,777,000 Bond Based on Engineer’s estimate of probable cost, minus % of early grading and minor other items, round to the nearest $10,000. To be released upon Final Inspection. 3. Monument Guarantee $12,400 Bond or CD To be released upon verification that monuments have been set and surveyor has been paid. Labor & Materials (50% of cost of each of the above improvements) 1. OFF-SITE IMPROVEMENTS (PIPs) (FMAP-0177-2022) $1,649,500 / 2 = $ 824,750 Bond Based on Engineer’s estimate of probable cost, divided by two. To be released upon Final Acceptance and evidence that lien rights have expired. 2. ON-SITE IMPROVEMENTS (FMAP-0177-2022) $5,777,000 / 2 = $ 2,888,500 Bond To be released upon Final Inspection and evidence that lien rights have expired. 10% Warranty To be collected prior to release of Faithful Performance Bonds To be released one-year after Final Acceptance or Final Inspection as applicable, if no defects, and approval of record drawings. Page 156 of 755 9 Fees: Amount Form Date Received Status 1. Map Check Fee (Paid) $18,562.00 Check 2022 Paid (covers original map check) Additional Map Check Fee (Paid) $11,200.00 Check December 2023 Paid (covers Phase 1 recheck and remainder parcel check) 2. Improvement Plan check Fees For all on-site and off-site applicable items from case FMAP-0177-2022 $102,114.55 Check May 2023 PAID IN FULL, MAY 2023 Based on approved construction estimates (covers Phase 1 and future Phase 2) Phase 1 Plan check Fees (additional fee for splitting into two phases) For all on-site and off-site applicable items from case FMAP-0177-2022 $27,300.00 Check December 2023 PAID IN FULL, December 2023 Based on approved construction estimates (covers Phase 1 and future Phase 2) 3. Construction Inspection Fees For all of Phase 1 on-site and off- site applicable items from case FMAP-0177-2022, and new plan revision case FMAP-0642-2023 $194,844.54 Revised for only Phase 1 on 1/16/24 Based on approved construction estimates. (covers Phase 1 Only) 4. Roadway Maintenance Fee $15,000 To be deposited in Acct # 40050300- 90346953 Streets Reconstruction and Resurfacing Master per Matt Horn (covers Phase 1 and future Phase 2) 5. Parkland In-Lieu Fee: - OASP Parkland Reimbursement Payment (Parkland dedicated by Righetti Ranch. Bullock Ranch is benefiting property and required to make “Reimbursement Payment” under the Parkland Reimbursement Agreement between City and Righetti Ranch, L.P.) $422,400 $4,400 per unit per updated Table 9 of the OASP PFFP (R-10850, 2017 Series). Phase 1 unit count is 96. Amount covers Phase 1 only. Due at time of recording subdivision map for Phase 1. Amount for Phase 2 will be due at recording of Subdivision map for Phase 2. Should total number of units change for either phase, the amount will need to be re-calculated. City shall deposit funds collected to GL String: 511.9503.47203 Page 157 of 755 10 6. Parkland Development Fee (Orcutt Area) $TBD Pay current fees in effect based on permit application date. Due at building permit issuance. City shall deposit funds collected to GL String: 511.9504.47201 7. Public Infrastructure Reimbursement Payment (Righetti Ranch is installing public infrastructure in greater size and capacity than required. Bullock Ranch is benefiting property and required to make “Infrastructure Reimbursement Payment” under the Infrastructure Reimbursement Agreement between City and Righetti Ranch, L.P.) $116,763 + 2% interest per year from the date the City accepts the Public Improvements which was 10/22/2019 ($2335.26/ yr - OR- $194.61/mo - OR- $6.40/ day) Per the Righetti Ranch Infrastructure Reimbursement Agreement, Exhibit A Amount was re-calculated September 2023 by City Financial Analyst & City Engineers. Amount covers Phase 1 and Phase 2. Should total number of units change for either phase, the amount will need to be re- calculated. Due at final map recording for Phase 1. 8. Other Impact Fees: Transportation Impact fees: - OASP Base TIF (vested after 7/1/2018) - OASP Add-on TIF (vested after 7/1/2018) $TBD $TBD Pay current fees in effect based on permit application date. Due at building permit issuance. Utility Impact fees: - Water - Wastewater $TBD $TBD Pay current fees in effect based on permit application date. Due at building permit issuance. Emergency Services Impact Fees: - Police - Fire $TBD $TBD Pay current fees in effect based on permit application date. Due at building permit issuance. Affordable Housing Requirements See Affordable Housing Agreement Planning Fees for ARCH-0489-2019 $10,619.22 Pay prior to map recordation. Invoiced 11/21/23 Page 158 of 755