HomeMy WebLinkAbout12/10/1996, C-1 - FINAL MAP APPROVAL FOR TRACT 2133, LOCATED AT 3950 SO. BROAD ST. (MARIGOLD SHOPPING CENTER) council
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Public Works Director v'�J'- ' �/
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract 2133, located at 3950 So.qBrrd St.
(Marigold Shopping Center)
CAO RECOMhIDIqDATION:
Adopt Resolution approving the Final Map for Tract 2133 and authorize the Mayor to execute
the subdivision agreement.
DISCUSSION:
The "vesting" tentative map for Tract 2133 was approved on June 1, 1993 per Resolution No.
8178 (1993 Series) to create 6 commercial lots within the Marigold Center, in conjunction with
parallel processing of a"Planned Development" [PD 191-92; Ordinance No. 1240 (1993 Series)]
which rezoned the subject property to allow the project to proceed. The tract conditions are
essentially the conditions established by the PD ordinance.
Subsequent to the above-referenced approvals, the property changed hands and the new owner
requested a change to the originally approved project. A "PD amendment" was processed and
approved to allow the revised project to proceed, which also incorporated the old "boat shop"
property. The resulting revised final map has been found to be in substantial conformity with
the approved tentative map.
One of the project conditions, PD Condition No. 7 - traffic mitigation, requires the installation
of a new traffic signal in Broad St (State Hwy. 227) at Industrial Way along with the
interconnection with the existing traffic signal at Tank Farm Road, to provide for better traffic
circulation, in accordance with the project traffic study. The plans have been approved by
CalTrans and a permit has been issued for that work. Performance and Labor/Materials bonds
have been posted with the State for this work.
Another portion of Condition No. 7 requires a "guarantee" of a future traffic signal at the Broad
St. entry driveway, if it is determined to be needed within 5 years of the opening of the shopping
center. Otherwise, elimination of left turns onto Broad St. from the site would be required. An
agreement (approved by the CAO) was recorded on September 10, 1996 which met this
requirement.
The storm drainage detention basin at the southeast comer of the property has been expanded and
reconfigured by the subdivider, in accordance with requirements that it accommodate the Edna-
Islay Specific Plan requirements and the approved project development plan.
Council Agenda Repoit- Final Map approval for Thact 2133
Page Two
The Santa Lucia Hills Homeowners Association (HOA) has the underlying obligation (to the
City) to maintain this basin. However, the subdivider has agreed to maintain this basin pursuant
to a recorded agreement with the HOA, along with an agreement to also maintain the parkway
landscaping along the Industrial Way frontage of the recently approved final map for Tract 2100
and the walkway to Poinsettia Street. Three smaller basins along Broad St. are also the
subdivider's sole responsibility.
Plans have been approved for the respective onsite and offsite improvements (frontage
improvements,paveouts, utilities, landscaping, drainage, traffic signal, etc.) and bonds have been
received, in accordance with the attached subdivision agreement A maintenance agreement is to
be recorded with the final map that provides for use and maintenance of common facilities
(parking, driveway, landscaping, utilities, drainage and detention basins, etc.) by and for the
respective lots.
All other conditions of the project, including fees and bonds required to be paid or posted, have
been met and thus the map has been found to be in "substantial conformance" with the approved
tentative map.
ALTERNATIVES:
Option 1: Deny approval.of the Final Map if the Council finds that any conditions have not
been satisfactorily met.
FISCAL EMPACT:
Normal maintenance of offsite public water facilities (FH's, domestic water services), Industrial
Way paveout and typical share (1/3) of new traffic signal maintenance with CalTrans.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
No other departments are affected.
Attachments:
1 - Draft Resolution approving Final Map.
2 - Map
3 - Resolution No. 8178 (1993 Series)
4 - Ordinance No. 1240 (1993 Series)
5 - Final Map Checklist
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RESOLUTION NO. (1996 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2133
WHEREAS,the City Council made certain findings concerning Tract 2133, as contained
in Resolution No. 8178 (1993 Series) and incorporating applicable conditions of PD 191-92 per
Ordinance No. 1240 (1993 Series), and
WHEREAS, the subdivider has obtained approval of plans and specifications for a new
traffic signal at the intersection of Broad Street and Industrial Way, along with required inter-
connection facilities with the existing traffic signal at Tank Farm Rd., pursuant to Condition
7 of said Ordinance No. 1240 (1993 Series), and has posted bonds with CalTrans to guarantee
installation of this work, and
WHEREAS, an agreement has been recorded, pursuant to said Condition 7 of Ordinance
1240 (1993 Series), which guarantees installation of a possible future traffic signal at the Broad
Street entrance to the property (Marigold Shopping Center), if deemed necessary by the City and
CalTrans, and
WHEREAS,all other conditions required per said Resolution No. 8178 (1993 Series)and
Ordinance No. 1240 (1993 Series) have been bonded for and/or otherwise satisfactorily met as
prescribed in the attached subdivision agreement (Exhibit A).
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2133 has been
found to be in "substantial conformance" with the tentative map, and final map
approval is hereby granted. The Mayor is hereby authorized to execute the subdivision
agreement.
Resolution No. (1996 Series)
Page Two
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1996.
ATTEST: Mayor Allen K. Settle
City Clerk Bonnie Gawf
Approved as to Form:
A O Y J frey G. Jorgenson
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A
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ' day of -A::.. ,r''Aby and between Marigold
Center, 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 2133, City of San Luis Obispo, California, as
approved.by the City Council on the : day of _ 1 gg
The Subdivider desires that said Tract No. 2133 be accepted and approved as a Final
Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the
San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS•
In consideration of the foregoing, the Subdivider does hereby agree to construct and
install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office of
the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
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4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. 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 developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall
be completed within eighteen (18) months of said recording date, unless an extension has
been granted by the City, 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 surety on the Improvement Security filed
pursuant to this agreement. In this connection, the surety waives the provisions of Section
2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date of
the agreement until completion and acceptance of all public improvements unless specifically
approved by the City.
2
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as indicated
on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision 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
performance of this agreement, an instrument of credit or bond approved by and in favor of
the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement.Said instrument of credit or bond is in the amount of $ 250,000.00
which is the amount of the estimated cost of said improvements. Subdivider agrees to
remedy any defects in the improvements arising from faulty workmanship or materials or
defective construction of said improvements occurring within twelve (12) months after
acceptance thereof. 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.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according
to said plans and specifications, and any approved modifications thereto. Neither periodic
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nor progress inspections or approvals shall bind the City to accept said improvements or
waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to
complete said improvements, or city may complete said improvements and recover the full
cost and expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the
amount of 50% of the above described subdivision improvements in accordance with State
law.
Said Subdivider has paid an inspection fee of $ 6,783.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City Engineer are
hereby referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
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.
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It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit.prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Marigold Center, LLC, a Calif Ltd Liability
Company
MAYOR Allen K. Settle By:
ATTEST:
CITY CLERK Bonnie Gawf
APPROVED AS TO FORM:
17 TT R J rey G. Jorgensen
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EXHIBIT 1
TRACT 2133
SUBDIVISION AGREEMENT
1. Subdivider has paid an $18,014.00 water line reimbursement charge to Southern
California Gas Company (via City) for a pro rata share of Industrial Way water main
extension prior to Final Map approval, per Condition 26 of Ordinance 1240 (1993
Series).
2. The Subdivider has recorded a covenant to guarantee installation of a possible future
traffic signal at the Broad St. entrance to the Marigold Shopping Center per Condition
No. 7 of Ordinance 1240 (1993 Series).
3. The Subdivider has paid the Rockview-Tank Farm sewer lift station fee of $6,709.
(17ac x $131.55/gpm x 3gpm/ac) per Cond. 10 of Ordinance 1240 (1993 Series).
4. The Subdivider has paid the $56,000.00 Broad St Annexation mitigation fee per
Condition 22 of Ordinance 1240 (1993 Series).
5. The Subdivider has submitted a monumentation guarantee of 51,000.00 to cover the
installation of survey monuments, in accordance with the Subdivision Map Act. Said
deposit will be released to the Subdivider upon receipt by the City of a letter from the
Engineer/Surveyor indicating he has completed the work and has been paid.
6. The subdivider agrees to construct a new traffic signal at Broad St. and Industrial Way
and an "interconnect" with the existing Tank Farm Road/Broad traffic signal, related
striping and signage, including an "Opticom system" per approved plans, pursuant to
Conditions 7, 9 & 25 of Ordinance 1240 (1993 Series). THIS ITEM IS BONDED
WITH THE STATE OF CALIFORNIA (CALTRANS), WHICH HAS JURISDICTION OVER
THE SIGNAL. (STATE HIGHWAY 227)
7. The subdivider agrees to install a bus stop and transit shelter along the Broad St.
frontage per approved plans and per Condition 16 of Ordinance 1240 (1993 Series).
8. The subdivider shall pay applicable sewer hookup fees (impact fees) per Condition 10
of Ordinance 1240 (1993 Series) as a condition of building permits.
9. The subdivider shall pay applicable water impact fees as a condition of building
permits.
10. The Subdivider has executed an agreement to provide for maintenance of common
private facilities, including but not limited to, parking, walkways, driveways,
landscaping, irrigation, detention basins, sewers and firelines.
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EXHIBIT 2
TRACT 2133
FEE AND BOND LIST
'Bonds' - Imoroyements:
Amount Form/Surety Received
1. Faithful Performance (required prior to recordation)
100% Public Improvements & 158 Infl. & Contingency
Off-Site Improvements $ 250,000.00 gt, 3 5 W1 PS-Z-�0
Future traffic signal (Coed 7) (Recorded covenant)
TOTAL $ 250,000.00 « <<
SEPARATE $ 175,000 BOND HELD BY CALTRANS FOR NEW TRAFFIC SIGNAL AT INDUSTRIAL WAY.
2. Labor & Materials (required prior to recordation)
508 of Faithful Performance Z�p�voc O
Off-Site Improvements $ 12&rA90.00 DOUJ 35M E-LL ZOO 1445
TOTAL $ Z 00 n i�
3. Monumentation Trust Deposit $ 1,000.00 CD# I qD 11 5_$Z7.0 -Od 0
Fees - (paid with final map)
A. Sewer Lift Station Fee $ 6,709.00 520-70-508-696 10/31/96
17 AC x $394.65/Ac
B. Plan Checking and Inspection Fees
1. Plan Checking Fee-Deposit $ 1,000.00 100-55-210-462 9/15/�7/y
Balance Due $ 2,960.00 ^ L
2. Construction Inspection Fee $ 6,783.00
F. Map Checking Fee $ 1,050.00 " Paid 9/13/96
G. Water line reimbursement (To Gas Cc) $ 18,014.00 N.A. Paid 10/31/96
H. Broad Street Annexation Mitigation Fee $ 56,000.00 600 Series Paid 10/31/96
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7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County 1 )of
On ! 1 1 - qt� before me, )I arr f 15. f"0/f t'.e Ile,
Dae Narne and TAe o1 OBrter(e g..*Jane W6,Notary Pupae
personally appeared Q( ( Y 1A "
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whose name( iX'S e subscnb5 to the within instrument
and ac ledged to me tha(h9VW%Ahoy executed the
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hi ' ' at *on the instrument the persong,
or the entity upon behalf of which the person($ acted,
executed the instrument.
MYRTH E KN07wE
Commbdonl1078stt WITNESS my hand and official seal.
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O=WCOUMY Comm.EvIrmw19.W"
SjWbWm•of Ncoq PutAic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &Lbd y`_
Document Date: 11- a9 - &� q /Number of Pages:
Signer(s)Other Than Named Above: �✓ hum Sy �p
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❑ Attomey-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator e
❑ Other. Top of Thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
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RESOLUTION NO. 8178 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2133
LOCATED AT 3950 BROAD STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION.1. Fines. That this council, after consideration of the
tentative map of Tract 2133 and the Planning Commission's recommendations, staff
recommendations, and reports thereof, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in
the C-S-PD zone.
3. The design of the subdivision is not likely to cause serious health problems,
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
4. The design of the subdivision will not conflict with easements for access through
(or use of property within) the proposed subdivision.
5. The proposed project has been granted a negative declaration of environmental
impact based on various mitigation measures being incorporated into the project,
as identified in the ordinance approving Planned Development Rezoning PD 191-
92.
SECTION 2. Conditions. The tentative map for Tract 2133 is approved subject
to the following conditions:
1. Subdivider shall obtain approval of rezoning application PD 191-92.
2. This vesting map shall confer a vested right to proceed with development in
accordance with the ordinances, policies and standards described in Section
66474.2 of the Subdivision Map Act, and including all provisions of the ordinance
approving Planned Development Rezoning PD 191-92. Environmental impact
mitigation measures identified in the ordinance approving Planned Development
Rezoning PD 191-92 shall be conditions of approval of this vesting tentative map.
R-RI 7R ///
Resolution No. 8178 (1993 Series)
Tract 2133
Page 2
3. Subdivider shall dedicate vehicular access rights along Broad Street, except for
one driveway located as shown preliminary development plan for PD 191-92.
4. Subdivider shall provide common driveway and parking easements and
agreements to the City for approval and recordation. Agreements shall be
consistent with the preliminary development plan for PD 191-92, and in a form
approved by the Community Development Director.
5. All boundary monuments, lot corners and centerline intersections, etc., shall be
tied to the City's control network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map. A 5-1/4".
computer floppy disk, containing the appropriate data for use in autocad for
geographic information purposes, is also required to be submitted to the City
Engineer.
On motion of Council Member Rappa seconded by Council
Member Roaiman and on the following roll call vote:
AYES: Council Members Rappa, Roalman, Romero and Settle
NOES: Mayor Pinard
ABSENT: None .
the foregoing resolution was passed and adopted this 1st day of June
1993.
Mayo1V Peg Pinard
ATTEST: APPROVED:
��
Cu Clerk Diane R. Gladwell #tor y
ORDINANCE NO. 1240 (1993 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS MAP TO
CREATE A SHOPPING CENTER ON THE EAST SIDE OF
BROAD STREET BETWEEN TANK FARM ROAD AND
INDUSTRIAL WAY FROM C-S-S, C-N-SP AND R-2-SP TO
C-S-PD (APPLICATION PD 191-92)
WHEREAS, the City Council has held a hearing to consider the planned
development request PD 191-92; and
WHEREAS, the City Council makes the following findings;
1. The Planned Development will achieve the intent of conventional standards by
exceeding or substantially complying with property development standards provided
in the Zoning Regulations.
2. A negative declaration is approved for the project, based on incorporation of the
mitigation measures listed below into the project description.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development preliminary map PD 191-92 is hereby
approved subject to the following conditions:
1. The Community Development Director shall prepare a plan for monitoring
effectiveness of all mitigation measures. The applicant understands that the
monitoring program may require the Director to modify mitigation measures found
to be physically infeasible or ineffective, and agrees to comply with such
modifications as are determined necessary by the Director to achieve the intent of
the original measures.
2. Amend the Edna/Islay Specific Plan (FISP) to designate the entire Marigold Center
site for Service Commercial/Light Industrial uses.
3. Amend the EISP to designate the area at the southeast corner of the Tank
Farm/Industrial intersection for appropriate uses other than neighborhood
commercial.
4. Subdivider shall enter into an agreement to provide for the rezoning of the property
at 3570 Broad Street from C-S-PD to C-S-S, and for termination of the operation
of the existing market at that location, concurrently with the opening of the proposed
0-1240
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191-92
Page 2
market at the Marigold project site. The agreement shall be in the form of a
recorded covenant, to the approval of the City Attorney and Community
Development Director.
5. Limit office uses to those allowed by the Land Use Element (e.g., banks, offices
larger than 2,500 sf, engineers, and "Local Service Offices" in the list submitted by
the applicant).
6. Uses within the category of"Retail Sales and Rentals - Specialties" shall be limited
to a total of not more than 2,000 square feet per tenant, and to a cumulative total
of not more than 25,000 square feet of the gross floor area of the center. In addition
to the limits noted above, one video rental and sales use may be located in Building
D, with a gross floor area not to exceed 6,000 square feet.
7. Mitigation measures listed in the Traffic Impact Study for Marigold Center,pages 11-
13, are incorporated by reference.
8. Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way
within a 75-foot right of way for Industrial Way east of the Broad Street intersection,
to the approval of the City Engineer.
9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial
intersection. Developer shall pay for "Opticom" traffic signal control device at
Broad/project entry driveway, if that signal is eventually installed.
10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant
shall pay Rockview/Tank Farm Road sewer lift station fees in the amount of.$6,709
" prior to issuance of a building permit or final map approval, whichever occurs first.
11. Noise Mitigation Measures
i. A continuous noise barrier shall be provided along the common property line
between the project site and adjoining residential property to the east.
Barrier shall consist of a grout-filled block wall and/or earth berm, and shall
be at least 8 feet in height as measured from the residence side.
ii. Heavy truck deliveries and trash pickups shall be prohibited between the
hours of 10 pm and 7 am.
iii. Residences on adjoining site shall be constructed to meet the following
standards:
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191-92
Page 3
a. At least 250 square feet of useable, noise sheltered open space
shall be provided with each residence. Open space shall be
private, directly accessible from the residence, and shall have a
minimum dimension of 10 feet in every direction.
b. Residences shall be constructed to provide a noise level
reduction (NLR) of at least 30 dB on north, west, and south
facing walls.
C. Residences shall be limited to one story in height.
d. Exceptions to requirements a-c above may be made on a case-
by-case basis by the Community Development Director, upon
certification of an acoustic expert that alternative site-specific
mitigation measures have been incorporated into the design of
a particular residence which render the other mitigation
measures unnecessary.
iv. All mechanical equipment shall be installed in compliance with standards
from Chapter 9.12 of the Municipal Code, Noise Control Regulations.
12. Applicant shall comply with PM-10 mitigation measures during construction, as
approved by APCD staff prior to issuance of grading permits by the City.
13. Applicant shall comply with construction emission mitigation measures included in
the BSAEIR (see pages 2-23, 2-24).
14. Applicant shall comply with vehicle emissions mitigation measures included in the
BSAEIR (see pages 2-24, 2-25).
15. Applicant shall install lockable bicycle lockers for use by project employees, in
locations convenient for employee use.
--�% 16. Applicant shall provide a bus turnout and transit shelter on the siSe�.
17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared
by the City's Cultural Heritage Committee (attached) prior to and during the
construction phase of the project. These guidelines require:
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191-92
Page 4
a. Completion of a surface survey by a qualified archaeologist approved by the
Community Development Director prior to commencing construction activities
on the site.
b. Halting of construction activities if archaeological resources are discovered
during construction.
C. Implementation of a preservation plan prepared by a qualified archaeologist
and approved by the Community Development Director if significant
archaeological resources are discovered.
18. The preliminary development for the planned development is approved subject to the
mitigation measures noted above, and subject to the following additional conditions:
a. An exception to the fence height regulations is approved to allow a 10-foot
- -y high screen wall/fence near the Tank Farm Road frontage of the site, subject
to provision of an 8-foot setback from the property line.
b. Landscaping, building design and site plan details shall be to the approval of
the Architectural Review Commission.
C. Future consideration may be given to alternative usage of the detention basin
subject to discussion with the property owners or responsible party.
19. Except as otherwise noted in this ordinance, all regulations for the C-S zone shall
apply.
20. The types of uses allowed or conditionally allowed shall be as provided in the list
submitted by the applicant (Exhibit A, attached), as modified by conditions Nos. 5
and 6 above, and as noted below:
The following uses normally allowed in the C-S zone are prohibited:
- Auto Repair and Related Services
- Carwashes
- Retail Sales - Tires and Batteries
-.Service Stations
21. The applicant shall initiate a trip reduction plan approved by the Community
Development Director. The applicant shall create a property owners' association
which shall be empowered and required to implement the plan on a continuing basis.
ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191-92
Page 5
22. Applicant shall pay 556,000_as.the project's total contribution toward the Broad
Street Annexation's EIR mitigation measures, r to_issuance of.a building permit
T—:;;>or final map approval, whichever comes first. Project specific mitigation measures,
such as the Industrial Way traffic signal, are not included as a part of this
contribution.
23. Construction of the buildings and site improvements may be phased, in accordance
with a phasing plan approved by the Community Development Director as part of
the PD final development plan.
24. . Applicant shall install necessary public and/or private sanitary. sewer mains and
services in accordance with City standards, to the satisfaction of the City Engineer.
25. In conjunction with the traffic mitigation measures identified in Condition No.7, the
applicant shall provide traffic signage and delineation plans to the approval of the
City Engineer and Caltrans. Plans shall be prepared for existing roadway 300 feet
north and south of the project site on Broad Street; Tank Farm Road to just east of
Poinsettia intersection; and Industrial way from 100 feet east of the project site to
future intersection with Prado Road extension. Plans shall include the proposed and
existing signal locations and pYoposed and existing streethting.
26. Applicant shall pay$13,014 water line reimbursement fee to Southern California Gas
Company for pro rata share of Industrial Way water main extension, as required by
prior Council resolution.
SECTION 2. A synopsis of this ordinance, approved by the City Attorney,
together with the names of councilmembers voting for and against, shall be published once
in full, at least (5) days prior to its final passage, in the Telegram-Tribune, a newspaper
published and circulated in this city. This ordinance shall go into effect at the expiration
of thirty (30) days after its final passage.
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191-92
Page 6
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at its meeting held on the Is t day of T„n
1993,'on motion of_
!U22.2 seconded by Roalman
and on the following roll Call vote:
AYES: Council Members Rappa, Roalman, Romero and Settle
NOES: Mayor Pinard
ABSENT: None
p
Mayor eg Pinard
ATTEST:
Cpierk Di ne R. '6 adwell
APPROVED:
*ilAtto Vey
circulation system improvements.
Of the four alternates, two have segment volumes not exceeding
50,000 ADT. Both assume a low level of future development in the
Airport area. With a high level of development, such as the higher
intensity land use scenarios in the draft Airport Area Specific
Plan Study, some segments have assigned volumes exceeding the
capacity of a 6-lane section. One of the two alternates in this
category includes major circulation system improvements.
Assuming that the traffic forecasts prove to be realistic, it is
concluded that a 6-lane roadway will be adequate for the future,
but only with a relatively constrained level of development in the
Airport area, such as that in study Alternative #i. Otherwise,
circulation improvements will have to be undertaken which are more
extensive than those included in the City's modeling studies.
Mitigation Measures
The Marigold Center development plan provides for standard street
improvements on Industrial Way. Broad Street is being widened to
the future width on the east side. The widened section will permit
addition of a traffic lane plus bicycle lane and shoulder. A bus
stop shelter is being provided to encourage public transit use. The
proposed bus bay will reduce potential future traffic delays.
The Broad Street driveway design will be subject to Caltrans
approval. That agency may have specific requirements for modifying
the existing painted median on the highway. It is recommended that
the present two-way left turn lane striping be revised to provide
va street intersection type opening to help identify the driveway
location and clarify turning paths, as well as to minimize speed
changes in the through lanes.
It is recommended that the right turn deceleration-acceleration
lanes shown at the main entrance driveway be deleted and a let-in
bus bay be provided immediately north of the driveway. The cross-
aisle opening in the driveway median should be closed to prevent
conflicting movements from blocking the entry roadway.
Consideration should be given to relocating two parking spaces now
shown at the entrance to the easterly driveway on Industrial Way
(the northerly two spaces of the five on the west side of the
driveway) , so as to reduce the possibility of parking maneuvers
conflicting with entering vehicles.
Traffic signals should be installed at Broad Street-Industrial Way
during construc_ io o the shopping center so they can be placed in
tion u on
operao ening. In part, this is because the food market
will replace an existing one; consequently, initial traffic may be
higher than normally would be expected at a new shopping center.
The new signals should be interconnected with the existing traffic
signals at Broad Street-Tank Farm Road.
The Broad Street driveway construction should include placement of
conduit and pull boxes for possible future traffic signals. To the
11
extent practicable, underground facilities for traffic signals and
lighting at Broad Street-Industrial Way should be designed to
minimize future replacement work if Prado Road is extended to that
1 point, and if Industrial Way is widened in the future.
` Project approval should include a condition that the property owner
install traffic signals at the main driveway, if Caltrans should
determine that to be desirable within a ,period of time (3-5 years)
after initial occupancy of the shopping center; or, alternately, to
: install channelization to prohibit the left turnexit, if that
should be determined to be a preferable corrective measure.
The City has not established a policy on apportioning the costs of
traffic controls determined to be needed with addition of develop-
ment traffic, but City staff is now preparing a recommended fee
schedule proposed to be applied to all new development. The
proposed fee might be applied in this case, as a contribution to
the cost of installing traffic signals at the adjacent intersection
and for making off-site improvements that will be necessary to
accommodate cumulative development traffic.
If the development fee approach is not practicable, an alternate
possibility is to base appropriate costs on relative traffic
contribution. The traffic contributions can be ascertained from the
traffic loading estimates in Table A-41 Appendix A. For intersec-
tions, relative loading added can be determined by summing the
approach volumes for existing, Marigold Center added, and cumula-
tive development traffic added conditions (Appendix B tables) . For
Broad Street-Industrial Way, Marigold Center. traffic represents an
increase of 14.2% over present intersection volume.
A third approach is to require the property owner to accomplish all
mitigation measures considered necessary because of the develop-
ment; specifically, the traffic signal at the Industrial Way
intersection, as well as the cost of interconnection and provision
for future signals at the driveway. This approach might be
necessary if public funding is not available for any portion of the
installation costs.
No mitigation measures have been identified external to the site
which are considered necessary because of traffic that will be
added by the Marigold Center development. Cumulative development
traffic will result in unsatisfactory intersection operation at
Broad Street-Tank Farm Road and at Broad' Street-Orcutt Road.6
An equitable means of funding the needed road widening would be
through an area-wide assessment, such as the proposed traffic
impact mitigation fee now being considered. However, at Tank Farm
Road, the most urgently-needed improvement is outside the City, on
6 I Caltrans' traffic signal coordination study, it was determined that
improvement of the Tank Farm Road intersection (widening the eastbound approach)
is desirable for Marigold Center-added traffic, and essential for cumulative
traffic added (the latter case including improvement of the westbound approach,
as well) .
12
an approach with no available right of way for needed widening. The
mitigation fee mechanism may not provide for right of way acquisi-
tion and. construction outside the City.
The BSAEIR includes a recommendation to widen Industrial Way an
additional IV on the approach to the State highway. The purpose
\was to provide necessary additional capacity if lots 98-99-100 were
served with a single access connecting to Industrial Way or if
Prado, Road is extended to Broad Street at Industrial Way. The
widening will not be necessary for presently-estimated traffic
until Prado Road is extended to that point. Sufficient right of
way is being dedicated to permit constructing the additional lane
at that time.
An additional measure identified in the BSAEIR is placement of bike
lanes on Broad Street and on Industrial Way to encourage alterna-
tive. transportation use. Contribution to the cost of placing bike
lane-signs and markings can be required as a condition of project
approval. However, it will be necessary to terminate the Industrial
Way bike lanes easterly of the driveway near Broad Street. Traffic
striping should provide for two lanes for westbound traffic west of
the driveway, and two lanes for eastbound traffic on the approach
to the driveway.
13
Kl-/-2
City of San tuts OBISPO
FINAL MAP APPROVAL CHECKLIST
PROJECT NAME IMCIr i!310 ICX CY44NTS '5 W( r L41 y t.S GfM
DESCRIPTION h ZVr T'��r FOX �OMi'�1F12G1� �iFfDPP/�t/P C�ir/p�C
MAP NUMBER �� J SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
M DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING Including planting&retaining walls y( bel ozp st /vdeic
2 STORM DRAINS&DRAINAGE STRUCTURES G mws—
P
3 SEWERS&SE_RVICES
4 WATERLINES&SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
STREETS&PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical P AVJ S/ B aY V771- Ca i
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) f y
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION
13 STREET TREES fifi ce z~scow,..x s e-e 6u:
14 OFFSITE WORK.
15 BONDIGUARANTEE deposited
16 PARK dedication or In-lieu fees ,&
77 1 De osit Account Status
DTHER CONDITIONS
18 Board of Adjustments 0--
19 Planning Commission
20 Architectural Review Commission
21 City Council 11
z bandonments
23 Other
XTACH UST OF CONDITIONS.&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVAL
=�� PUBLIC SERVICES APPROVAL ��/��
TABLE OF CONTENTS
SAN LUIS OBISPO CITY COUNCIL AGENDA REPORT FOR
RECONSIDERATION OF THE
CHORRO ARE TRAFFIC CALMING PLAN
December 10, 1996
Index Item Page
CAO RECOMMENDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.. REPORT IN BRIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. DISCUSSION
1. Historyof Program . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . 2
Early Traffic Calming Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Circulation Element Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Preparing the Chorro Area Traffic Calming Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Implementing the Chorro Area Traffic Calming Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ProjectCosts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2. Synopsis of Feedback From Various Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Focus Group Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Public Response Line Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Community Survey Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Traffic Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Independent Consultant Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. What Other Communities Have Done . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 20
4. Other Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Addressing Traffic Diversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Speed Hump Design Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Periodic Police Enforcement Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 24
Differing Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
C. ALTERNATIVES
1. Circulation Element Policy Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2. Traffic Calming Project Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3. Facilities Recommended for Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
D. NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM GUIDELINES . . . . . . . . . . 33
E. CONCURRENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
F. FISCAL EM PACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35