HomeMy WebLinkAbout9917-9925C�
RESOLUTION NO. 9925 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2570
(2070 FiAW Street)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2570, as prescribed in Resolution No. 9622 (2004 Series), and
WHEREAS, a timely filing of the map was made prior to expiration of the tentative map in
accordance with the - Subdivision Map Act (Government Code 66452.6); and
WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the
remaining required subdivision improvements as shown on the approved plans, and all fees have
been received, as prescribed in the subdivision agreement, and
WHEREAS, the subdivider has dedicated Biological Open Space easements on the map
and submitted Biological Open Space Easement Agreements limiting the property owners' use of
the easement areas per the conditions of approval of Tract 2570, and
WHEREAS, all conditions required per said Resolution No. 9622 (2004 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2570 as shown on the attached Exhibit "A" is found
to be in substantial compliance with the tentative map, and
2. The subdivision agreement for Tract No 2570 as shown on the attached Exhibit `B"
is hereby approved, and
3. The biological open space easement agreements for Tract No. 2570 as shown on the
attached Exhibits "C" and "D" are hereby approved, and
4. Approval of the final map is hereby granted.
Upon motion of Council Member Carter and seconded by Vice Mayor Mulholland,
and on the following roll call vote:
AYES: Council Members Brown and Carter, Vice Mayor Mulholland
NOES: None
ABSTAINED: Mayor Romero
ABSENT: Council Member Settle
Resolution No. 9925 (2007 Series)
Page 2
The foregoing resolution was adopted this e day of September 2007.
Iz �� �
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo ath . Lowell
City Attorney
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Exhibit "B"
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_ by and
between Dunes Valley View, LLC, a Califomia 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 2570, City of San Luis Obispo,
California, as approved by the City Council on the day of 200
The Subdivider desires that said Tract No. 2570 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.
( i
4. LANDSCAPING
5. DRAINAGE BASINS AND STRUCTURES
6. STREET LIGHTS
Exhibit TV
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 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.
8. 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 no later than thirty (30) days from the date of recording of the final map, and that the
work shall be completed within twelve (12) 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.
Exhibit "B"t
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.
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 corners 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 $3,000 which is the
amount of the estimated cost of said improvements that remain to be completed from the
original $400,000 of required improvements. Per Sec. 66499.7(d) of the Government
Code of the State of California, a reduction in the performance security, is not, and shall
not be deemed to be, an acceptance by the City of the completed improvements, and the
risk of loss or damage to the improvements and the obligation to maintain the
improvements shall remain the sole responsibility of the subdivider until all required public
improvements have been accepted by the local agency and all other required
(:7�
'�) Exhibit "B'!
improvements have been fully completed in accordance with the plans and specifications
for the 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, Subdivider shall submit to the City an instrument of credit or bond
in the amount of $40,000 approved by and in favor of the City of San Luis Obispo, 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 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.
C
Exhibit "B"
The Subdivider has not deposited with the City a labor and materials surety since
the statute of limitations to file liens has passed.
Said Subdivider has paid an inspection fee of $54,853 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.
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.
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.
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.
C:
Exhibit !e8,E
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
ATTEST`
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
ITY ORNE Jonathan P. Lowell
SUBDIVIDER
DUNES VALLEY VIEW, LLC,
A California limited liability company
Steve Miller, President
C
EXHIBIT I
TI ACT 2570
SUBDIVISION AGREEMENT
Exhibit t'BY
L. The Subdivider has not deposited a monumentation guarantee since all monuments have
been set.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2
3. Water and sewer impact fees shall be paid at time of buildins permits through the
Community Development Department per the fee schedule in c effect at that time.
4. In -lieu housing fees shall be paid at time of building permits throu('h the Community
Development Department per the fee schedule in effect at that time.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
6. The subdivider shall comply Mth all requirements of Council Resolution 9622 (2004 Series)
approving the tentative map.
Cl Exhibit '91"
E MBIT 2
TRACT 25711- FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithftd Perfomtance
53.000
($400.000 original estimate. 5397.000 of
improvements have been constructed.
53,000 remaining)
Labor & Materials (50% of total cost of
N/A
improvements
Warranty (Minimum 10% of total cost of
S72,500
Letter of Credit
07/20/07
improvements)
Monument Guarantee
N/A
Pees:
Map Check Fee
$3,670
Check
06114/05
Plan Check Fee
58,020
I Check
04/25/05
Improvement Plan Inspection Fee
$54,853
Check
09/08/05
Park In -Lieu Fee'
(I;- I existing
Check
09108105
=12) • 5 4,555 =
S54.660.00
Payment for Johnson/Ella Traffic Signal
$100,000
Check for 592,814 plus
070-0/07
In -Lieu of Undergrounding Overhead
57,186 Reimbursement
Utilities
for Improvements
_ $100,000
Affordable Housing Requirements
Building Permit
Water Impact Fee'
Wastewater Impact Fee'
Building Permit
Transportation Impact Fee'
t
All Impact Fees are adjusted annually (July t) based on CPI. Credit given for demolished units.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Comnrtmity Development Department
990 Palm Street
San Luis Obispo. CA 93401 -3249
Exhibit C
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
This Biological Open Space Easement Agreement, made and entered into this 1 day
of 20067 by and between Dunes Valley View, LLC, a California limited
liability company, hereinafter called "Owner', and the CITY OF SAN LUIS OBISPO, a
municipal corporation of the State of California, hereinafter called "City'.
«'ITNESSETIi
WHEREAS. Owner possesses a certain property situated within the City of San Luis
Obispo, as described in Exhibit "A ", attached hereto and incorporated herein (the "Subject
Property): and
WHEREAS, the Subject Property has certain natural biological resources, natural scenic
beauty and existing openness of importance to the community: and
WHEREAS, an offer of dedication of a biological open space easement on a portion of
C Exhibit "c "
the Subject Property was required pursuant to City Council Resolution #96J2 (2001 Scries)
approving Vestin- Tentative Nlap 2570. Which authorised development of a 13 lot subdivision of
which the Subject Property is a part: and
WHEREAS, both Owner and City desire to preserve and conserve for the public benefit
the biological diversity, natural scenic beauty and existing openness and other natural conditions
on the Subject Property; and
WHEREAS, the Owner has offered to dedicate this biological open space easement to
preserve the above described values by restricting Owner's use of and activities on the Subject
Property through the imposition of a perpetual open space and agricultural conservation easement
with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the above recitals, in compliance with Chapter
6.6 of Pan I of Division 1 of title 5 of the Government Code of the State of California
commencing with Section 51070, and in further consideration of the mutual promises, covenants
and the conditions herein contained and the substantial public benefits to be derived therefrom.
the parties agree as follows:
L Owner hereby °rants to City a biological open space easement (the
"Easement ") over the portion of the Subject Property (the "Easement Area')
as shown in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City and estate and interest in the Subject Property.
C_
The purpose of the easement is to protect said hi0102ical diVersity. natural
scenic heaUtV and existing openness and other natural conditions by
voluntarily restricting the use of the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use o1 the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are. and shall be, as follows:
a. No structures shall be placed or erected within the Easement Area, except
as allowed in item 2(b) below. If desired, "see - through" fencing
appropriate to open space preservation may be allowed if approved by the
City's Community Development Director or Architectural Review
Commission, as appropriate.
b. Item 2(b) above notwithstanding, an outdoor seating area, patio, or deck,
may be constructed within the area identified within the Easement Area,
together with reasonable private pedestrian access thereto. (See Exhibit
"B) Said area shall not exceed 900 square feet in area, and shall have
no dimension greater than 30 feet. Said seating area, patio, or deck,
shall be subject to review and approval by the City's Community
Development Director or Architectural Review Commission, as
appropriate.
C. No signs, billboards, or similar structures or devices or advertising of
anv kind or nature may be located on or in the Easement Area.
d. Owner shall not plant or permit to be planted any vegetation within
C'
C It
7 Exhibit 16
the Easement area. except for erosion control, fire protection . or
soil stabilization as allowed or approved by the Citv's Natural
Resources Manager or his /her designee.
e. Owner shall not remove or permit to be removed inv vegetation within
the Easement Area, except as reasonably necessary for fire protection,
hazard abatement, or replacement or removal of dead vegetation, as
allowed or approved by the City's Natural Resources Manager or
his /her designee.
f. No extraction of surface or subsurface natural resources, or collection of
water, for transfer off of the subject property, except for the passive
water collection systems constructed on the subject property as part of
the improvements of Tract 2570, shall be allowed.
g. The general topography of the Easement Area shall be preserved in
its natural condition.
h. Functioning of the Easement Area for wildlife habitat and other benefits
to the natural environment shall take precedence over all other uses,
including uses by privately owned pets, and public and private access
shall be minimized. Fencing and signage indicating the boundaries of
the Easement Area shall be installed and kept in good condition. Signage
shall be as approved by the Natural Resources Manager or his /her
designee.
3. This Easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Goycrnmcnt Code of the State of
California.
5. This Erant of biological open space casement. as specified in Section 51096
of the Government Code of' the State of California. upon execution and
acceptance in accordance with Chapter 6.6 of Part 1 of Division I of Title 5
of the Government Code of the State of California commencing xvith Section
51070. shall be deemed an enforceable restriction within the meaning.of
Article XIII. Section 8 of the Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of the land.
7. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review
and approval of other agencies with regulatory control over work done in the
riparian corridor, specifically the State Department of Fish and Game and the
U.S. Army Corps of Engineers. Owner shall be indemnified and held
harmless by City for any such activity undertaken by City.
8. The terms and conditions contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first written above.
ALL SIGNA'I'LiKl?S .,N'IUS'I' B1: NOTARIZED
ONVNER/GRANTOR
DUNES VALLEY VIEW, LLC
o.
CITY OF SAN LUIS OBISPO
Icy:
David F. Romero, Mayor
E \ 111617' "A''
Lot Of Tract 2170 (Sun Vallee) as filed in Book' _ of Maps in Pa 'es _through _ in the
County Recorders Office of the County Of San Luis OhispO. State Of California.
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BIOLOGICAL OPEN SPACE
EASEMENT AS SHOWN
rr CT MAP 2570
SEATING AREA, PATIO OR
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r r m Kr4 O n g ro u p LOT 5 OF TRACT 2570 IN THE
f CITY OF SAN LUIS OBISPO,
creating environments people enjoy STATE OF CALIFORNIA.
3765 South Higuera Street, Suite 102 1 San Luis Obispo, California 93401
P: (605) 543 -1794 1 F. (605) 543 -4609 1 www.rrmdesign.com
Victor MantgMery, Architect rC11090 I Jerry Michael, RCE /36695, L5 16276 1 Jeff Ferber, LA 12814
N: \ 2005\ 1005003 —Tr- 2570 —CD\ Survey \Drawings \Lots— Exhibit.dwg, Exhibit B, May 01, 2006 1:40pm, sbwebster
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
l
County of SoA, Z4k 15 ss. D� /$p __-
On _�AV / 7-W(o before me, DA A ' 0"14 -ieD
Dale u Noms am NJe o: Oilmer (e 9.. "Jo,, Doc, Horan Peulrt',
personally appeared _ E//F /) �t c L62
r,am..,sl c,l
DIANA POLLARD >,
to Viµ. COMM. #1483731
Z �" ' <'T NOTARYPUBLIC - CALIFORNIA X
*
(1 �� ',z SAN LUIS OBISPO COUNTY rn
My Comm. Expires APP, . 16, 2008
C personally known to me
C ✓proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, exec ed the instrument.
WITN S AA y hand ffi ial seal.
sag aw,o d notary Po Gc
— OPTIONAL
Though the information below is not required by lar, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
CA
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Too or ;numb here
D Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
L Attorney -in -Fact
C Trustee
i =! Guardian or Conservator
C Other:
Signer Is Representing:
: 1999 nar,onm rlomry ASaOetllon • 9350 De Solo Ace PO. Flo. 2.102 • Cnas,vootr Co 9 13 16.22IN • ..v.n.,. na,mnaino4m org Prod. Nl 59o; R,,rder C 0 lc1 : -Fqn t 80 P 8:56:.•7
I
n .
RECORDING REQUESTED BY AND
%�'I -IEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 9340 1 - 3249
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
This Biological Open Space Easement Agreement. made and entered into this day
of MAil , 2006, by and between Dunes Valley View, LLC, a California limited
liability company, hereinafter called " Owner ", and the CITY OF SAN LUIS OBISPO, a
municipal corporation of the State of California, hereinafter called "Cite ".
WITNESSETH
WHEREAS, Owner possesses a certain property situated within the City of San Luis
Obispo, as described in Exhibit "A ", attached hereto and incorporated herein (the "Subject
Property); and
WHEREAS, the Subject Property has certain natural biological resources. natural scenic
beauty and existing openness of importance to the conununitv and
WHEREAS. an offer of dedication of a biological open space easement on a portion of
0
the Subject Propert�� was required pursuant to City Council Resolution #9632 (2004 Series)
approving Vesting Tentative Map 2570, which authorized development of a 13 lot subdivision of
which the Subject Property is a part; and
WHEREAS. both Owner and City desire to preserve and conserve for the public benefit
the biological diversity, natural scenic beauty and existing openness and other natural conditions
on the Subject Property; and
WHEREAS, the Owner has offered to dedicate this biological open space easement to
preserve the above described values by restricting Owner's use of and activities on the Subject
Property through the imposition of a perpetual open space and agricultural conservation easement
with the terms and conditions hereinafter set forth.
NOW. THEREFORE, in consideration of the above recitals, in compliance with Chapter
6.6 of Part I of Division I of title 5 of the Government Code of the State of California
commencing with Section 5 1070, and in further consideration of the mutual promises, covenants
and the conditions herein contained and the substantial public benefits to be derived therefrom,
the parties agree as follows:
Owner hereby grants to City a biological open space easement (the
"Easement") over the portion of the Subject Property (the "Easement Area")
as shown in Exhibit "B" attached hereto and incorporated herein. Said grant
of easement conveys to Cite and estate and interest in the Subject Property.
-I -he purpose of the casement is to protect said bioloy�ical diversity. natural
scenic beauty and existing openness and other mutual conditions by
voluntarily restricting the use 01' the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. No structures shall be placed or- erected within the Easement Area. If
desired, "see- through" fencing appropriate to open space preservation may
be allowed if approved by the City's Community Development Director or
Architectural Review Commission, as appropriate.
b. No signs, billboards, or similar structures or devices or advertising of
any kind or nature may be located on or in the Easement Area.
C. Owner shall not plant or permit to be planted any vegetation within
the Easement Area, except for erosion control, fire protection , or
soil stabilization as allowed or approved by the City's Natural
Resources Manager or his /her designee.
d. Owner shall not remove or permit to be removed any vegetation within
the Easement Area, except as reasonably necessary for fire protection,
hazard abatement, or replacement or removal of dead vegetation, as
alloyed or approved by the City's Natural Resources Manager or
his /her designee.
C. No extraction of surface or subsurface natural resources, or collection of
�J
water, for transfer off of the subject propcn\I. except for the pussivc
water collection systems constructed on the subject propene as part of
the improvements of Tract 2570, shall be allowed.
The general topography of the Easement Area shall be preserved in
its natural condition.
g. Functioning of the Easement Area for wildlife habitat and other benefits
to the natural environment shall take precedence over all other uses,
including uses by privately owned pets, and public and private access
shall be minimized. Fencing and signage indicating the boundaries of
the Easement Area shall be installed and kept in good condition. Signage
shall be as approved by the Natural Resources Manager or his /her
designee.
3. This Easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of
California.
5. This grant of biological open space easement, as specified in Section 51096
of the Government Code of the State of California, upon execution and
acceptance in accordance with Chapter 6.6 of Pan I of Division 1 of Title 5
of the Government Code of the State of California commencing with Section
51070, shall be deemed an enforceable restriction within the meaning of
Article X111, Section S of the Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the Cite rCI-Iulati11 L IIIC use of the land.
7. The City shall have the ri,ht of access to remove anv draina;e obstructions as
needed to provide for the conveyance of creek flows, subject to the review
and approval of other agencies with re2ulatory control over work done in the
riparian corridor, specifically the State Department of Fish and Gamc and the
U.S. Army Corps of Engineers. Owner shall be indemnified and held
harmless by City for any such activity undertaken by City.
S. The terms and conditions contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
INT WITI`TESS WHEREOF, the parties hereto have executed this document on the day and
vear first written above.
C
ALL SIGNATURE'S MUST BE' NOTARIZED
OWNER/GRANTOR
DUNES VALLEY VIEW, LLC
CITY OF SAN LUIS OBISPO
By:
David F. Romero, Mayor
p
Lot S of Tract 2570 (Sun Valley) as filed in Book _ of ,N4aps in Pages _ through _ in the
County Recorder's Office of the County of San Luis Ohispo, State of California.
LOT 2 I LOT 3
Lor l3
LOr 4
LOT 6
EXHIBIT E J
LOT S
SCALE- 1`--60'
.I Lpr 12 1% ��06
I ti �G
v 9
LoT �
» 1 T
ek7- `,570
IILOT �p
1
L07- s
JOHNSON A VF.
0
BIOLOG ICAL OPEN SPACE
EASEMENT AS SHOWN
ON TRACT MAP 2570
r r m'i r. -:y 3 p.- Tr g ro u p LOT 8 OF TRACT 2570 IN THE
CITY OF SAN LUIS OBISPO,
creating environments people enjoy STATE OF CALIFORNIA.
3765 South Higuera Street, Suite 102 1 San Luis Obispo, California 93401
P: (805) 543 -1794 1 F: (805) 543 -4609 1 www.rTmdesign.corn
Ycta Maitganeey. Architect JC11090 I Jerry Michael, RCE 136895, LS 16276 1 Jeff Ferber, U 128"
N: \2005 \1005003 —Tr- 2570 —CD \Survey \Drawings \LotB— Exhibit.dwg, Exhibit B, Mey 01, 2006 1:42pm, sbwebster
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of S10
I ss.
On /I%�1 ( z00 (o before me, '17ANft IOCG Q 2D /t/vTAR
a� .c dame and ihle of Olhccr (ea.. Jaya Doe. tlmav - ubbc'�
personally appeared - -E / /li tc E2
Y.ano(si o1 Signa(sj
❑ personally known to me
Vproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
_••' DA IA POLLARD subscribed to the within instrument and
COfAM. #1483731 acknowledged to me that he /she /they executed
NOTARY PUBLIC - CALIFORNIA the same in his /her /their authorized
a� SAN LUIS OBISPOCOUfIry capacity(ies), and that by his/her /their
3' G1y Comm. Eeoiras APP, tS, :rr signatures) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
W!TNES y hand ad�s�
SgnaWre a No(a � Pubbc
OPTIONAL
rhougn the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document JJ�� n
Title or Type of Document: �� t I-A r/Ftxl �RCf EM�,�rT
Document Date: A 7,�0� Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
• n•u•
❑ Individual Too b! thumb here
❑ Corporate Officer — Title(s):
❑ Partner — D Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
Cl Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 NOU.wIl NP,, asswieuon - 9350 pc S¢o arc , PC H.- 2 a0.1 - .nsxoim, GA W313-2102. - ivuon,nnola�y a, Prod No 590 7 Car 4.11 ce 1 .9o." 6'76 ii.
C
RESOLUTION NO. 9924 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPDATING TRANSPORTATION DEVELOPMENT IMPACT FEES
IN THE MARGARITA AREA
WHEREAS, the Council adopted the Margarita Area Specific Plan on October 12, 2004
following extensive public hearings by the Planning Commission and Council; and
WHEREAS, Chapter 9 (Public Facilities Financing) of the Margarita Area Specific Plan
provides a detailed description of the transportation improvements needed to serve this area and their
costs, along with the method of apportioning these costs between types of development; and
WHEREAS, the Council adopted transportation development impact fees for the Margarita Area
on January 5, 2004 based on this financing program in compliance with the provisions of Section 66000
of the Government Code (AB 1600); and
WHEREAS, under the fee program adopted at that time by the Council, whenever the actual or
estimated costs of facilities identified in the impact fee analysis changes, the Director of Finance &
Information Technology (Director) shall review the impact fees and determine whether the change
affects the amount of the impact fees; and if the impact fees are significantly affected, the Director shall,
within thirty (30) days, recommend to the Council a revised fee for their consideration; and
WHEREAS, a revised cost estimate for the Prado Road extension has been prepared that results
in an increase of 57.7% in the estimated cost of transportation improvements in the area.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that
transportation development impact fees in the Margarita Area are hereby revised as set forth in Exhibit A
effective October 22, 2007, and that all other provisions of Resolution No. 9643 remain in effect.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: Council Member Carter
ABSENT: None
R 9924
Resolution No. 9924 (2007 Series)
Page 2
The foregoing resolution was adopted on August 21, 2007.
Mayor David F. Romero
- L&, �/" // a-,-
Audrey Hooper (�
City Clerk
APPROVED AS TO FORM:
S
J athan . Lowell
City Attorney
Resolution No. 9924 (2007 Series)
Page 3
Exhibit A
MARGARITA AREA
TRANSPORTATION DEVELOPMENT IMPACT FEES
Effective October 22, 2007
Residential Per Unit
Single Family Residential
Multi-Family Residential
$8,545
5,272
Non - Residential Per 1,000 Square Feet _ _
Retail
Office/Business Park/Light Manufacturin
38,521
16,165
RESOLUTION NO. 9923 (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2882
(2710 Augusta Street)
WHEREAS, the City Council made certain findings concerning the tentative map for
Tract 2882, as prescribed in Resolution No. 9873 (2007 Series); and
WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the required
subdivision improvements as shown on the approved plans, and all fees have been received, as
prescribed in the subdivision agreement; and
WHEREAS, the required subdivision improvements consist of private on -site improvements
that do not require Council acceptance; and
WHEREAS, all conditions required per said Resolution No. 9873 (2007 Series) will be met prior
to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2882, as shown on the attached Exhibit "A" is found to be
in substantial compliance with the tentative map, and
2. The subdivision agreement for Tract No. 2882 as shown on the attached Exhibit `B" is
hereby approved, and
3. Approval of the final map is hereby granted, and
4. The Public Works Department is authorized to release the surety bonds shown in the
subdivision agreement upon completion of the required improvements.
Upon motion of Council member Settle, seconded by Vice Mayor Mulholland, and on the following
roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: Council Member Carter
ABSENT: None
R 9923
Resolution No. 9923 (2007 Senes)
Page 2
The foregoing resolution was passed and adopted this 2151 day of August 2007.
Mayor David F. omero
ATTEST:
-div, z0v
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
J athan well
City ttomey
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Exhibit 11811
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2007 by and
between Jeremy Fissell and John Ferguson, herein collectively 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 2882, City of San Luis Obispo,
California, as approved by the City Council on the .day of 2007.
The Subdivider desires that said Tract No. 2882 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, SIDEWALKS AND CURB RAMPS
2. DRIVEWAY BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
C
Exhibit 118111
5. 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.
6. 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.
e
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 twelve (12) 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.
J
Exhibit "Ell'
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 $90,272 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.
City Council authorizes the Public Works Department to release the bonds upon
completion of the required subdivision improvements. Neither periodic nor progress
Exhibit "B"
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 f rom the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50 % of the above described subdivision improvements ($45,136) in accordance
with State law.
Said Subdivider will pay an inspection fee to the City with building permit and
encroachment permit issuance 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.
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
C�
Exhibit °B°
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.
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.
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
Jeremy
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
M
Exhibit °B°
EXHIBIT 1
TRACT 2882
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,250 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the, fee schedule in effect at that time.
The subdivider shall comply with all requirements of Council Resolution 9873 (2007 Series)
approving the tentative map.
Exhibit 111
EXHIBIT 2
TRACT 2882 - FEE AND BOND LIST
Amount Form Date Received
Bonds mtd Gummrtees:
Total Faithful Performance
$90,272
Bond
816107
Labor & Materials (50% of total cost of
unprovements
$45,136
Bond
8/6/07
Monument Guarantee
$1,250
CD
85107
Fees: .
Map Check Fee
$2,920 Credit Card 03/23/07
Plan Check and Inspection Fee
To be calculated and paid at time of building permit (#070332)
and encroachment permit issuance..
Park In -Lieu Fee'
$9,974
Check #1066 $4987
Credit Card $4987
8/6/07
Water Impact Fee
Wastewater Impact Fee'
Transportation Impact Fee'
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
RESOLUTION NO. 9922 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IN
CONNECTION WITH THE NACINIiENTO WATER PROJECT. APPROVING CER'T'AIN
DISCLOSURE REGARDING THE CITY OF SAN LUIS OBISPO AND APPROVING AN
AMENDMENT TO THE WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL AND WATER CONSERVA'T'ION DISTRICT
WHEREAS, the Council of the City of San Luis Obispo ( "City") has heretofore entered into
a Naciiniento Project Water Deliver), Entitlement Contract (the "Delivery Contract') with the San
Luis Obispo County Flood Control and Water Conservation District (the "District'), in connection
with the Nacimiento Water Project (the "Project ") for the supply of additional water for the use and
benefit of the lands and inhabitants served by the City: and
WHEREAS, the District and the SLO County Financing Authority (the "Authority ") are
ready to proceed with the financing of the Project in the municipal bond markets (the "Bond Issue -)
through the issuance and sale of Municipal Obligations (as defined in the Delivery Contract); and
WHEREAS, in connection with the financing of the Project, the City has been presented
with a form of Preliminary Official Statement, together with an appendix containing statistical and
other descriptive information regarding the City (the "Appendix ") and a form of Continuing
Disclosure Agreement (the "Continuing Disclosure Agreement'); and
WHEREAS, the District has proposed that the City would benefit from certain amendments
to the Delivery Contract, having the effect of reducing the annual rate levels for water sales by the
City and, to that end, this Council has been presented with an amendment to the Delivery Contract
(the "Delivery Contract Amendment "), and wishes to approve such amended terms.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to adopt a resolution as follows;
SECTION]. The foregoing recitals are true -and correct.
SECTION 2. UBS Securities LLC, as underwriter for the Authority (the "Underwriter') is
authorized to use a Preliminary Official Statement and Official Statement, each containing an
Appendix A (or a revised form thereof) describing certain statistical and other information of the
City in the marketing and sale of the Authority's Revenue Bonds (the "Bonds "), based upon
information provided and to be provided by the City, with such changes from the form of
Preliminary Official Statement submitted to this Council as the City Administrative Officer, Director
of Finance and Information Technology, or a designee thereof (each, an "Authorized
Representative ") may determine to be in the best interests of the City. The City shall be responsible
for notifying the Authority and the Underwriter should any information regarding the City in said
Appendix materially change from the time of submission to the closing date of the Bond Issue.
SECTION 3. The form of Continuing Disclosure Agreement presented to and reviewed by
this meeting of the City Council is hereby approved, and the Authorized Representative of the City is
hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement.
- -_ -- _— substantially _in- the_form_presented= to.and- approved at -this meeting of_the_Council;= with.- such.changes - _-- _ - - - - --
R 9922
Resolution No. 9922 (2007 Series)
Page 2
therein as the Authorized Representative and the District may approve, such approval to be
evidenced by the signature of said Authorized Representative.
SECTION 4. The terms and provisions of the Delivery Contract Amendment, as presented
to and reviewed by this meeting of the City Council, are hereby approved, and the Mayor is hereby
authorized and directed to execute the amendment to the Contract in the name and on behalf of the
City.
SECTION 5. The Authorized Representatives of the City are hereby authorized and
directed, for and in the name and on behalf of the City of San Luis Obispo, to do or cause to be done
any and all things and take any and all other actions in support of the issuance of the Municipal
Obligations, including, without limitation, the execution of certificates and ancillary documents and
the delivery of opinions on behalf of the City as may be reasonably required by the District, which
they, or any of them, deem necessary or advisable in order to consummate the purposes described
herein.
SECTION 6. This resolution shall take effect immediately upon its adoption..
Upon motion of Council Member Carter, seconded by Council Member Brown,
and on the following vote:
AYES:
Council Member Brown and Carter and Mayor Romero
NOES:
Vice Mayor Mulholland
ABSENT:
Council Member Settle
The foregoing resolution was adopted this 14`s day of August 2007.
Mayor David F. Romero
ATTEST:
Audrey Hoo er
City Clerk
APPROVED AS TO FORM:
J ath . Lowell
City Attorney
RESOLUTION NO. 9921 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING REQUEST FROM BEACH CITIES CAB COMPANY TO MODIFY ITS
SCHEDULE OF RATES
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service
for its citizens; and
WHEREAS, Beach Cities Cab Company is a current taxi operator in the City of San Luis
Obispo; and
WHEREAS, the City has received an application from Beach Cities Cab Company to increase
its schedule of rates; and
WHEREAS, the proposed rate increase is consistent with increasing operational costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo approves the schedule of rates for Beach Cities Cab Company as set forth in Exhibit A.
Upon motion of Vice Mayor Mulholland, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Members Brown and Carter, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 17"' day of July 2007.
Mayor David F. Romero
ATTEST:
a
Audrey I4o er
City Cler
APPROVED AS TO FORM:
R 9921
Resolution No. 9921 (2007 Series)
Page 2
EXHIBIT A
BEACH CITIES CAB COMPANY
SCHEDULE OF RATES
Fee Type
Fee
Pick Up
$ 3.00
Per Mile
$ 3.00
Wait Time Per/Hr.
$ 25.00
Minimum Charge
$ 0.00
Credit Card Use
$ 4.00
RESOLUTION NO. 9920 (2007 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE
TRACT MAP AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR A TEN -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 625 TORO
STREET (TR/ER 176 -05)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 27,
2007, pursuant to an application filed by Namaji Enterprise, property owners, and recommended
approval of the subdivision map to the City Council; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the
applicant, interested parties, and evaluation and recommendations by staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of environmental
impact as prepared by staff.
BE IT RESOLVED, by the City Council of San Luis Obispo as follows:
SECTION 1. Findings.
1. The proposed tentative tract map is consistent with the General Plan because the subdivision will
provide for residential development consistent with the High Density Residential Zone.
2. As conditioned, the design and improvement of the proposed subdivision is consistent with the
General Plan because each dwelling has access to compact, private open space area and adequate
common open space and recreation areas, and the development will occur as part of the
neighborhood pattern anticipated for the high density residential zone.
3. The site is physically suited for the proposed type of development because it is an in -fill site
surrounded by similar developments, and will replace an existing non - conforming use.
4. As conditioned, the site is physically suitable for the proposed density of development because the
site is within an existing City block, services are available to serve the development, and utilities
have been designed to serve the site per City standards.
5. The design of the subdivision, or the type of improvements, is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat
because the site does not have any creeks or other potentially significant habitat areas for fish or
wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious public health
problems because the type of improvements are residential and development will be designed to
meet existing building and safety codes.
R 9920
Resolution No 9920 (2007 Senes)
Page 2
7. The design of the subdivision, or the type of improvements, will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because no such easements exist.
8. A Negative Declaration was prepared by the Community Development Department on June 6, 2007,
and found to be adequate by the Planning Commission on June 27, 2007. The City Council finds
and determines that the project's Mitigated Negative Declaration adequately identifies and evaluates
the potential impacts associated with this project and where impacts are potentially significant,
mitigation measures are provided to reduce these impacts to less than significant levels.
SECTION 2. Action.
The Council hereby approves the tentative tract map for a ten -unit residential condominium development
and adoption of said Mitigated Negative Declaration (TR/ER 176 -05), with the following mitigation
measures and monitoring program, and with incorporation of the following project conditions:
1. The final design of the project, lot lines, and subdivision improvements shall be consistent with the
Architectural Review Commission plan approval of March 5, 2007, and incorporating all conditions
upon that approval, and mitigation measures included in Negative Declaration (ER 176 -01).
2. Applicant shall pay the Inclusionary Housing in -lieu fee prior to issuance of building permits.
3. The final map shall indicate common and private open space yards and the CC&R's shall describe
maintenance of all common areas.
4. Long term bicycle storage shall be supplied for each unit, to the approval of the Community
Development Director.
5. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO
Municipal Code Section 16.40.080.
6. 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.
7. The final map shall be revised to reflect a minimum driveway width of 20 feet consistent with the
ARC approval.
8. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the
Community Development Director and City Attorney prior to final map approval. CC &R's shall
contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for professional,
perpetual maintenance of all common areas including private driveways, drainage, on -site
Resolution No 9920 (2007 Serves)
Page 3
sewer facilities, parking lot areas, walls and fences, lighting, and landscaping.
b. Grant to the City the right to maintain common areas if the homeowners' association fails to
perform, and to assess the homeowners' association for expenses incurred, and the right of the
city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map
are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in
unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City - required provisions of the CC &R's without prior City Council approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all officers
of the homeowners' association within 15 days of any change in officers of the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as
required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards which are
substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
1. No change in City- required provisions for trash collection without prior Community
Development Director approval.
m. No rooms other than those designated as bedrooms may be used as sleeping rooms.
Code requirements:
The following code requirements are included for information 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.
1. Traffic impact fees shall be paid for this development prior to building permit issuance. Credit for
removal of the existing buildings will be applied based on the use and/or areas of the existing
development. Credit will only be applied to permanent, lawfully existing structures.
(7.''
Resolution No 9920 (2007 Series)
Page 4
2. Park in -lieu fees shall be paid prior to map recordation.
3. Impact fee credit maybe available for the demolition of existing structures.
4. Complete frontage improvements will be required as a condition of the subdivision. The
improvements shall be constructed in accordance with the engineering standards in effect at the time
of encroachment permit issuance. Any sections of damaged or displaced curb, gutter & sidewalk or
driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director.
5. The subdivision grading plan submittal shall show and note compliance with Engineering Standard
10103 for Storm Water Quality Management. This code requirement is applicable to new or
redeveloped sites where the total area of impervious surfaces is more than 10,000 square feet. Water
quality management is required for the runoff from uncovered parking and driveway areas. An
upgrade to the existing facilities and improvements is required. Include analysis showing that the
proposed water quality design is able to treat runoff from the prescribed storm event. The report
shall show treatment for runoff for 28% of the 2 -year storm event or from a I'724-hour storm event.
Include by -pass structures or systems accordingly. Provide a separate conveyance system to keep
roof drainage from draining through the parking lot if feasible.
6. The subdivision grading and building plan submittal shall include a complete grading; drainage and
erosion control plan. The grading plan shall show existing structures and grades located within 15'
of the property lines and/or building pad in accordance with the grading ordinance. The plan shall
include all existing and proposed grades, finish floor elevations, and spot elevations to depict the site
drainage. The plan shall include all existing and proposed drainage devices and systems. The plan
shall consider historic offsite drainage tributary to this property that may need to be conveyed along
with the improved on -site drainage. The erosion control plan shall be prepared per city standards
and in accordance with the Waterways Management Plan Drainage Design Manual, recognized
BMP's, and the California Stormwater Quality Association BUT Handbook.
On motion by Council Member Carter, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Member Brown, and Carter, Vice Mayor Mulholland, and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 17th day of July 2007.
Resolution No 9920 (2007 Senes)
Page 5
ATTEST:
Audrey Hoope '
City Clerk
APPROVED AS TO FORM:
City Attorney
10
Mayor David F. Romero
r /
RESOLUTION NO. 9919 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING ITS INTENTION TO ISSUE TAX - EXEMPT OBLIGATIONS
TO ASSIST IN FINANCING THE DISPATCH CENTER AND RADIO SYSTEM UPGRADE
PROJECTS AND THAT A PORTION OF THE PROCEEDS MAY BE USED TO REIMBURSE
RELATED EXPENDITURES INCURRED PRIOR TO THEIR ISSUANCE
WHEREAS, the Council of the City of San Luis Obispo (the "City ") is undertaking proceedings
to acquire, furnish and equip a public safety communications and emergency center facility, construct a
storage facility at Fire Station No. 1 and upgrade its radio system in the City (the "Project "); and
WHEREAS, in order to provide funds to finance the Project the City, either on its own behalf or
through the City of San Luis Obispo Capital Improvement Board (the "Board"), intends to issue and sell
its tax - exempt Lease Revenue Bonds in the aggregate principal amount of approximately $12 million for
the Project (the "Bonds "); and
WHEREAS, in order to use the proceeds of the Bonds to reimburse advances made by the City
for the Project before the date of issuance of the Bonds, but not more than sixty (60) days before the date
of adoption of this Resolution, Section 1.150 -2 of the United States Income Tax Regulations requires
that Council declare its intention to reimburse such advances from the proceeds of the Bonds; and
WHEREAS, it is in the public interest and for the public benefit that the City declare its official
intent to reimburse the expenditures referenced herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Declaration of Intent. The Council hereby declares that it reasonably expects
the Bonds to be issued by the City or the Board, and that a portion of the proceeds thereof may be used
to reimburse expenditures made by the City for the Project before the date of issuance of the Bonds, and
not more than sixty (60) days before the date of adoption of this Resolution. The Bonds shall be issued
in an aggregate principal amount which is sufficient to raise funds for the Project in the approximate
amount of $10.4 million.
SECTION 2. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
On motion of Council Member Carter, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown and Carter, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 17th day of July 2007.
.l
�1
Resolution No. 9919 (2007 Series)
Page 2
ATTEST:
Ie4 1.4 X4 /-,7
Audrey 1#6p6r
City Cle
APPROVED AS TO FORM:
Jon well
City Attorney
Mayor David F. Romero
RESOLUTION NO. 9918 (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2832
WHEREAS, the City Council made certain findings concerning the tentative map for Tract 2832,
as prescribed in Resolution No. 9801 (2006 Series); and
WHEREAS, all conditions required per said Resolution No. 9801 (2006 Series) will be met prior
to or concurrent with final recordation of the map.
NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2832, as shown on
the attached Exhibit "A" is found to be in substantial compliance with the vesting tentative map, and final
map approval is hereby granted.
Upon motion of Council Member Carter, seconded by Council Member Brown, and on the
following roll call vote:
AYES`. Council Members Brown and Carter, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 17th day of July 2007.
Mayor David F. Romero
ATTEST:
a&J.01
Audrey Ho er
City Cler
APPROVED AS TO FORM:
Jona an P. well
City Attorney
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RESOLUTION NO. 9917 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING
VESTING TENTATIVE TRACT MAP NO. 2428 (MODIFIED) FOR PROPERTY
LOCATED AT 3000 CALLE MALVA (TR, PD, and ER 98 -06)
WHEREAS, the City Council of San Luis Obispo on May 15, 2007, by Resolution No. 9897,
accepted a conservation easement, and ultimately fee title, to the 71 -acre open space lot (Lot 178)
donated to the City of San Luis Obispo by the project applicants, John E. and Carole D. King, as an
integral part of their project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May
23, 2007, and recommended, by Resolution No. 5481 -07, approval of Application TR/PD/ER 98 -06, a
request to change the zoning district on the central approximately 11 acres of the site from R -2 -SP and
C /OS -SP to R- 2 -SP -PD and C /OS- SP -PD, and subdivide a 99 -acre site into 178 lots; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 3, 2007, for the
purpose of considering Applications TR, PD and ER 98 -06; and
WHEREAS, notices of said public hearings were made at the time and in the manner required
by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of
environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the recommendation of the
Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following
findings in support of approving the proposed project:
Subdivision Map Findings
As conditioned, the design of the vesting tentative tract map is consistent with the General Plan
because the proposed project respects existing site constraints (slope, creeks, wetlands, significant
trees), will incrementally add to the City's needed residential housing inventory, result in parcels
that meet density standards, and will be consistent with the density and lot sizes established by the
Margarita Area Specific Plan.
2. The site is physically suited for the proposed type of development allowed in the R -1 -SP, R -2 -SP,
R -3 -SP, and the requested R- 2 -SP -PD residential areas as well as the C- OS -SP, C- OS- 40 -SP, and
R 9917
Resolution No. 9917 (2007 Sends)
Page 2
requested C- OS -SP -PD open space zones because the site contains slopes that are less than 30% in
the areas to be developed, has suitable and appropriate access via existing and planned streets
consistent with the MASP, and preserves and provides for long -term maintenance of areas of
important or sensitive habitats via lots designated for open space.
3. The design of the subdivision, or the type of improvements, will not conflict with easements,
acquired by the public at large, for access through, or use of property within, the proposed
subdivision because all such easements have been accommodated by the proposed design of the
subdivision and location of improvements.
4. The design of the subdivision, or type of improvements, is not likely to cause serious public health
problems because the type of improvements are residential and development is a similar scale to
existing development already adjoining the site to the south and west and approved development
adjacent to the south of the site. Additionally, new construction will be designed to meet existing
building and safety codes.
5. The design of the subdivision, or type of improvements, will not have a significant adverse impact
on the environment or substantially or unavoidably injure fish or wildlife or their habitats subject
to the mitigation measures of the Final Environmental Impact Report (FEIR) certified by the City
Council on October 12, 2004 together with the mitigation monitoring program adopted with said
EIR approval, because all said applicable mitigation measures and monitoring program are
incorporated into the project as recommended below.
6. The Mitigated Negative Declaration prepared by the Community Development Department on
May 1, 2007 adequately identifies and evaluates the potential impacts associated with this project
and where impacts are potentially significant, mitigation measures are provided to reduce impacts
to less than significant levels. The Planning Commission finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project, as modified, determining there is no substantial evidence of new
or further significant impacts not already identified either in the prior certified Environmental
Impact Report prepared for the Margarita Specific Plan or in the subsequent Initial Study prepared
for this site specific project.
7. The offer of donation of a conservation easement and ultimately, fee title, to the 71 -acre open
space lot proposed in the subdivision map is consistent also with the General Plan of the City of
San Luis Obispo.
Creek Setback Exception Findings
8. The location and design of the exceptions proposed respecting pedestrian trails within and
crossings over the creek corridors will minimize impacts to scenic resources, water quality, and
riparian habitat, including opportunities for wildlife habitation, rest, and movement, because the
location and design of the trails and creek crossings will be constructed outside of the established
floodway and will not impede flood waters or planned storm water management improvements and
maintenance required for the tract. Further these features provide for desired passive use and
enjoyment of the creek corridors as a tract amenity, and established access ways provide for
management and monitoring of the natural and enhanced habitat in the area of the corridors, and
facilitate movement of localized habitat of the site and general area.
Resolution No. 9917 (2007 Series)
Page 3
9. The exceptions proposed herein will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies, as no adverse environmental
impacts have been identified as a result of the placement and design of the proposed trails and
crossings. Furthermore, the retention of the creeks in their natural location, together with the
parallel storm water runoff collection system, will ameliorate historical flooding occurrences at the
existing Prado Road culvert.
10. The exceptions proposed herein will not prevent the implementation of City- adopted plans, nor
increase the adverse environmental effects of implementing such plans. No adverse environmental
impacts have been identified as a result of the placement and design of the proposed trails and
crossings. Special construction techniques will be used to minimize the potential for urban runoff
to alter the flow regime in the creeks, thus protecting them from "flash" flows and urban
pollutants.
11. The exceptions proposed herein will not be a grant of special privilege because the proposed trail
networks are consistent with requirements of the adopted MASP to accommodate special site
features not occurring on other lands of similar zoning in the vicinity and will be augmented with
devotion of additional private lands to increase the functional width of the overall natural corridors
to benefit multiple purposes of preserving natural habitat, enhancing the aesthetic and passive
recreation quality of the subdivision and facilitating maintenance of natural drainage flows and
pattern. Further the channels (3 in all) separate development areas of the site from one another, the
interconnections and creek crossings provide access between all units of the PD neighborhood, as
well as options to connect into the perimeter pedestrian and. bike systems planned for this
subdivision and the overall Western Enclave and Margarita Area Specific Plan. Because the
channels run at odd angles and traverse the site diagonally, this produces remnant areas that are
inefficient and would reduce overall densities if the efficiency of the encroachments were not
permitted. Rather than relocate the channels as permitted by the MASP, the creek corridors will be
maintained in their present configuration, preserving, therefore in a largely undisturbed manner,
the established habitat values and runoff patterns while seeking modest exceptions to regain
efficiencies in land planning and overall project design.
12. The exceptions proposed herein will not be detrimental to the public welfare or injurious to other
property in the area of the project or downstream, because the collection and flow of flood waters
will not be impeded, nor will the trails and crossings impede the planned improvements to the tract
storm drainage system.
13. Site development cannot be accomplished with a materially different redesign of the project
because redesign of the project to accommodate trails outside the corridors, while possible, would
be at the expense of achieving densities desired by the MASP and ultimately would compromise
the "affordability by design" objectives of that Plan.
14. Redesign of the project would deny the property owner reasonable use of the property in that the
minimum density threshold of the MASP for the subject site calls for no less than 149 units (not
including affordable housing requirements.) A potential redesign could affect at least 37 lots/units,
and potentially more as the changes could "domino" throughout the tract. This would potentially
impact a finding of consistency with density required for the project by the MASP, compromising
the ability to develop the property as planned.
Resolution No. 9917 (2007 Series)
Page 4
SECTION 2. Environmental Review. The City Council finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of
the proposed project, and reflects the independent judgment of the City Council. The Council hereby
adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and
monitoring programs into the project:
Mitigation Measures and Mitigation Monitoring and nd Reporting Program:
Reduction of Light and Glare
In order for MASP /AASP EIR Mitigation Measure LU -7.1 as implemented by the MASP to be
carried through to lot- specific development stage, a lighting plan that demonstrates compliance
with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with
other required plans for both the residential and commercial components of the project to the
review and approval of the Architectural Review Commission (ARC). The lighting plan shall
propose specific measures to limit the amount of light trespass associated with development within
the project area including shielding and/or directional lighting methods to ensure that spillover
light does not exceed 0.5 foot - candles at adjacent property lines.
➢ Monitoring Program: The ARC will review development plans for both the residential and
commercial components of the project. City staff, including Planning and other departments, will
review plans to assure that all of the ARC's requirements related to lighting and compliant with the
MASP provisions have been incorporated into working drawings. City building inspectors will be
responsible for assuring that all lighting is installed pursuant to the approved lighting plan.
Preparation and Implementation of "Comprehensive Biological Mitigation Program"
2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of
on- and off -site mitigation, approved by the City, the DFG and the Corps. Further, in compliance
with the MASP /AASP EIR, VTM #2342 (Cowan) proposes the creation of Lot Z in an area
designated by the MASP for "Open Space - Riparian" for the express purposes of achieving some of
the necessary wetlands replacement mitigation area, as well as preservation of related biological
habitat benefits.
3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts to creek habitats will be through
a combination of on- and off -site mitigation, approved by the City, the DFG and the Army Corps
of Engineers.
4. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving
restoration of serpentine bunchgrass habitat at an identified area in the so- called "saddle" in the
King property's open space parcel, shall be required. This area occupies between one -half and
three - quarters of an acre. The program would at a minimum, replace the existing non - native
grassland in that area with a grassland containing a majority of native bunchgrass species including
purple needlegrass, meadow barley, and California brome. In addition, a program for additional
protection for the open space lands of the project will be developed. The goal of this program will
be to provide protection for remaining areas of serpentine bunchgrass habitat and species within
that habitat in the South Hills open space parcel through mechanisms such as fencing, trail
Resolution No. 9917 (2007 Series)
Page 5
realignments, and drainage improvements on the access road to the communication site on
neighboring property. Finally, the project sponsors propose to donate fee title to the open space lot
178 to the City of San Luis Obispo as permanent open space as part of the project.
5. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to
establish. City staff will work with the project sponsors in developing the details of the effort.
Mitigation for impacts to five plant species of concern shall be required as follows:
Palmer Spineflower. None required.
Brewer Spineflower. None required.
Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot
enhancement site.
Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement
site.
Obispo Dudleya. Due to the very small number of impacted individuals and the ease of
transplanting, transplant these individuals to suitable sites within the project open space.
Obispo Mariposa lily. None required.
Adobe Sanicle. Relocate some individuals to a suitable site within the project open space;
consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off -
site location approved by the City, or consider lot adjustments to protect the major portion near
lots 82, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City council authorized, as
mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of
adobe sanicle occasioned by the proposed revised VTM #2428 residential development
proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna
Lake Park offers the best habitat suitable for the adobe sanicle. Further, the adobe sanicle
already occurs there naturally.
Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the
City. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the
use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by
the proposed revised VTM #2428 residential development proposal within the Margarita Area
Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat
suitable for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally.
Loggerhead Shrike. Remove myoporum tree before nesting season.
6. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of
construction activities; avoid construction activities within 100 feet of active nest sites, or 300 feet
from raptor nests, until after young have fledged.
7. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation
program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside
the bounds of the Western Enclave (designated by the MASP as "Open Space - Riparian" lands).
The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that
already naturally collects some area run -off and provides valuable habitat for certain special
concern and R -T -E (rare, threatened, and endangered) species, and thus is beneficial to retain in its
natural state. Pre - development run -off has resulted in seasonal flooding of Prado Road due to they
currently deficient collection/distribution system to this natural drainage area south of Prado Road.
The Western Enclave applicants propose to acquire this off -site property designated for open space
Resolution No. 9917 (2007 Series)
Page 6
use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin
for pre- and post - Western Enclave development generated run -off. It is proposed that this basin be
enhanced to accommodate the greater project - generated and pre- project run -off flows, and to
increase its habitat value in the long term. The basin is proposed to be held and in by a
Master Home Owners Association (MHOA) established initially for the Western Enclave area, and
perhaps ultimately for the entire MASP as stipulated be done by the MASP.
➢ Monitoring Program: Prior to approval of the final map, the applicant shall contact the City
Natural Resource Manager for review and approval of the final lot and street design to assure that
on -site natural resources are protected and preserved to the greatest extent required by the
mitigation measures and consistent with requirements of the MASP and MASP /AASP EIR. Said
design shall also be consistent with approvals required subsequent to this Tentative Map from State
Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction
activities, the applicant shall also initiate and complete for approval by the City pre - construction
surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions
for required off -site mitigation shall be coordinated with and approved by the City Natural Resource
Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during
construction will be necessary to assure site development conforms to mitigation measures and
conditions of approval.
Preparation and Implementation of a "Construction - Related Hazardous Materials Management
Plan"
8. As stipulated in the MASP /AASP EIR, this would be a plan identifying, when they are known,
site /development - specific construction activities that will involve the. hazardous materials. The
plan shall be prepared before construction activities begin that involve hazardous materials and
shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum
products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify
health risks associated with the presence of chemical compounds in the soil and/or groundwater
and identify specific protective measures to be followed by the workers entering the work area. If
the presence of hazardous materials is suspected or encountered during construction- related
activities, the project proponent will cause Mitigation Measure HAZ -1.2 to be activated.
Mitigation Measure HAZ -1.2 states:
"The project proponent will complete a Phase I environmental site assessment for each
proposed public facility (e.g. streets and buried infrastructure). If Phase 1 site assessments
indicate a potential for soil and/or groundwater contamination within or adjacent to the road
or utility alignments, a Phase 11 site assessment will be completed. The following Phase H
environmental site assessments will be prepared specific to soil and/or groundwater
contamination.
a Soil Contamination. For soil contamination, the Phase 11 site assessment will include
soil sampling and analysis for anticipated contaminating substances. If soil
contamination is exposed during construction, the San Luis Obispo Fire Department
(SLOFD) will be notified and a work plan to characterize and possibly remove
contaminated soil will be prepared, submitted and approved.
Resolution No. 9917 (2007 Sehes) —
Page 7
b. Groundwater Contamination. For groundwater contamination, the Phase II assessment
may include monitoring well installation, groundwater sampling, and analysis for
anticipated contaminating substances. If groundwater contaminated by potentially
hazardous materials is expected to be extracted during dewatering, the SLOFD and the
Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated
groundwater will be developed in agreement with the SLOFD and Central Coast
RWQCB.
➢ Monitoring Program: The "Construction - Related Hazardous Materials Management Plan" will be
required to be submitted to the City Community Development Department and Fire Department for
review prior to commencement of any site preparation or construction work involving hazardous
materials. No site preparation or construction work may commence before said plan has been
approved by the City. Any site work commenced without City approval of said Plan will be subject
to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire
Department.
SECTION 3. Action. The City Council does hereby approve Application TR/PD/ER 98 -06 with
incorporation of the following conditions and code requirements into the project:
Conditions:
Streets:
1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a
detailed schedule and delivery 'Plan ", to be approved by the Public Works Director, for the
improvement of Prado Road between its eastern terminus at the current City boundary and Broad
Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in
two segments. The first segment shall be the new roadway from the present easterly terminus (City
boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract
2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan
(MASP)). This first segment shall be referred to as the "Prado Road Extension - Western Enclave"
segment (PRE -WE). The second segment shall be from the Prado Road/ "M" Street intersection on
Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the "Prado Road
Extension - "M" Street to Broad" segment (PRE -MB).
At a minimum, the Plan shall address the following milestones for Right -of -Way acquisition, design
and construction:
a. At the time of submittal of any plans for final map and/or improvement plan checking: The
subdivider shall submit construction drawings and specifications for the full width improvement
of the 'Prado Road Extension - Western Enclave" segment (PRE -WE), and shall submit
schematic plans for the full width improvement of the 'Prado Road Extension - "M" Street to
Broad" segment (PRE -MB). The final map and improvement plans will follow approximately 6
months after the date of the approval of the Tentative Map. During this time the City as well as
area property owners will be involved in the review of updated drafts and the selection of the
proper engineering company as well as overseeing the design. Following Tentative Map
approval, the Western Enclave Property Owners (WEPO) and the City will establish a
Resolution No. 9917 (2007 Sei ens)
Page 8
Stakeholder Group comprised of MASP property owners and public utility companies, etc. to
augment/expedite the conceptual design of the PRE -MB component of the Roadway.
b. The PRE -WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm
drainage, landscaping, center median improvements and other necessary street appurtenances or
as otherwise approved by the Director of Public Works.
c. Off -site dedication of property for public right -of -way purposes is necessary to facilitate the
construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said
public right -of -way dedication. In the event the subdivider is unable to acquire said property, the
City Council will lend the subdivider its powers of condemnation to acquire the off -site right -of-
way dedication, including any necessary slope and drainage easements. If condemnation is
required, the subdivider shall agree to pay all costs associated with the off -site right -of -way
acquisition (including attorney and court costs). The subdivider is responsible for construction
of the necessary street improvements and striping, to the satisfaction of the Public Works
Director.
d. Subject to the availability of necessary right -of -way, the subdivider shall complete
construction of the PRE -WE segment prior to occupancy of the 50th unit within the
subdivision. If right -of -way is not available at the time of approval of the final map, the
subdivider may submit a plan for providing interim, secondary access to the WEPO
properties that is subject to approval by the Public Works Director. This secondary access
shall be completed prior to granting of occupancy permits and may be required to be
removed at a later time when additional access is provided from adjacent properties.
e. At the time of recording the final map, the subdivider shall bond for the completion of the
engineering plans and specifications, environmental review, if necessary, and associated
construction permits for the PRE -MB segment. The subdivider shall complete the construction
drawings and specifications for the PRE -MB segment on or before the 100th unit is occupied in
the Western Enclave (approx. 1 year after Tentative Map Approval). If, at the time of Final Map
approval, a detailed engineered cost estimate for the PRE -MB section of roadway has not yet
been completed, the City may require that the developer (property owners) sign a waiver not
opposing the possible future formation of a community facilities district or other such financing
mechanism, that would fund any final project costs for the construction of PRE -MB that are not
contained in the Margarita Area Specific Plan Impact Fee estimates.
f. Subject to the availability of necessary right -of -way, the subdivider shall, at a minimum: (1)
initiate the construction of the northern half, or some modified section of the roadway subject to
approval by the Director of Public Works, of the PRE -MB segment prior to occupancy of the
200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) ,
and (2) complete construction of the northern half of the PRE -MB segment prior to occupancy of
the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map
Approval). If right -of -way is not available at the time of requests for occupancy, the City will
determine if public acquisition of said right -of -way is necessary or the subdivider will be
required to submit an interim plan for providing secondary access the Western Enclave that shall
be approved by the Public Works Director.
g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall
Resolution No. 9917 (2007 Series)
Page 9
submit a reimbursement proposal and schedule for the costs associated with the environmental,
engineering and construction of Prado Road in its entirety, as established by the MASP. Subject
to final approval of the City, the proposal may include fee credits and/or other appropriate
mechanisms that may be applied against non -TIF city -wide and MASP impact fees as
development occurs, to facilitate completion of the Prado Road extension.
h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim
basis at the time of construction of PRE -WE and will remain in place until PRE -MB is
completed and an additional access point is provided at an adopted MASP location.
2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be
paid prior to issuance of each building permit, subject to condition l.g. above.
3. The public improvement plans for VTTM 2353, VTTM 2428 (Revised) and VTTM 2342 shall
consider the proposed or required phasing to be completed by the combined development known
as Margarita Area Specific Plan Western Enclave. The public improvement plans for each
subdivision shall include any offsite improvements as considered necessary by the Director of
Public Works to provide a reasonable transition between the subdivisions in the case that one
project is developed before another. The scope of required improvements shall be approved to the
satisfaction of the Public Works Director.
4. The final subdivision design and improvements shall comply with the Margarita Area Specific
Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard
Plans and Specifications, except as to any design deviations permitted herein.
5. Prior to final map approval, the final design, location, and number of traffic calming measures
including bulb -outs, choke- downs, tabletops, roundabouts, neck - downs, etc. shall be reviewed and
approved by the Public Works Director: Choke -downs adjacent to open space corridors shall be
lengthened to include the entire length of the open space corridor. Plans submitted for review shall
include a turning diagram demonstrating a fire, garbage or other large city or delivery multi -axel
truck's ability to negotiate the traffic calming features. Additional or alternative traffic control
measures such as raised tabletops may be required to comply with the MASP objective to "foster
traffic volumes and speeds that will be compatible with the neighborhood."
6. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after
development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts
throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or
volumes exceed City standards during counts taken by the subdivider one year after final
occupancy of complete build -out of the subdivision or acceptance of public improvements
whichever occurs later, the subdivider shall be responsible for installing additional traffic calming
measures to the approval of the Public Works Director to reduce volume and speeds to comply
with City standards.
7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of
bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be
crossed by a pedestrian.
8. Prior to approval of improvement plans, alternative paving materials proposed within the public
Resolution No. 9917 (2007 Series)
Page 10
right -of -way shall be approved by the Public Works Director. Alternative paving materials shall
be maintained by the Homeowner's Association.
9. Except for the 71 -acre lot donated to the City, project common areas including, but not limited to,
landscaped parkways and Class I pathways (other than Prado Road) shall be owned and
maintained in perpetuity for public use by the Master Homeowner's Association. Water meters for
common landscape areas including but not limited to parkways, medians, roundabouts and
pathway corridors are subject to water impact and water meter installation fees and shall be paid
for by the subdivider.
10. The final locations of multi-use path connections to public streets shall be reviewed and approved
by the Natural Resources Manager and City Traffic Engineer. Where multi -use paths intersect
public streets, the roadway shall be narrowed and the crossing designed perpendicular to the
roadway.
11. The final design and location of private streets and fire access ways, and the approaches thereto
onto public streets, shall be reviewed and approved by the Public Works Director and Fire
Department. Plans submitted for review shall include a turning diagram demonstrating a fire,
garbage or other large city or delivery multi -axel truck's ability to negotiate into and within the
private streets and access ways within the proposed "PD" and Lot 178 portions of the site.
12. The proposed street bulb -outs shall be designed with minimum inside and outside radii of 20' and
10' respectively.
13. Analysis of the street drainage design shall be provided with the submittal of complete public
improvement plans. Streets designed with a quarter crown shall justify the curb capacities in
accordance with city standards. Some areas may require that the bulb -outs be reduced in depth or
removed completely to accommodate the drainage along the high side of the street.
14. Bulb -outs at T- intersections may need to be replaced with standard curb returns of a smaller radius
to achieve the desired traffic calming goals and to accommodate street drainage.
15. The number and location of catch basin shall consider city standard spacing and drainage design
requirements. The number of catch basins shall be limited to those required by code and/or design
to the satisfaction of the City Engineer.
16. The transition between Street N and Street W shall be approved to the satisfaction of the City
Engineer. Moving of the quarter crown section from one side of the street to the opposite side
shall not be completed with a super - elevated section unless all drainage issues are addressed.
17. Street intersections shall be provided with directional curb ramps in accordance with city and ADA
standards or guidelines. T- intersections shall include receiving ramps on the through street.
On & Off -Site Improvements:
18. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall
ei ther:
a. Clearly demonstrate their right to construct the improvements by showing title or interest in
Resolution No. 9917 (2007 Senes)
Page 11
the property in a form acceptable to the City Engineer; or
b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest
to the subject property and that the City assist in acquiring the property required for the
construction of such improvements and exercise its power of eminent domain in accordance
with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter
into an agreement with the City to pay all costs of such acquisition, including, but not limited
to, all costs associated with condemnation. Said agreement shall be in a form acceptable to
the City Engineer and the City Attorney. If condemnation proceedings are required, the
Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel
Map), submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor
or Civil Engineer authorized to practice land surveying in the State of California.
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such
appraisal, the property owner(s) must be given an opportunity to accompany the
appraiser during any inspection of the property or acknowledge in writing that they
knowingly waived the right to do so.
iv. Copies of all written correspondence with off -site property owners including purchase
summary of formal offers and counter offers to purchase at the appraised price.
V. Prior to submittal of the aforementioned documents for City Engineer approval, the
Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not
and cannot guarantee that the necessary property rights can be acquired or will, in fact,
be acquired. All necessary procedures of law would apply and would have to be
followed.
J
19. Should the final design for the stormwater detention basin require the installation of a stormwater
pumping station in order to provide an outlet for the detention basin, the final pump station design
shall be in accordance with Section 8 of the WWMP -DDM and the following"
a. The pump station shall be a triplex design.
b. The pump station shall be designed to discharge at the 100 year pre - developed rate with all
three pumps running, the 10 year pre - developed rate with two pumps running and the 2 year
pre - developed rate with only one pump in operation. At no time shall the pump discharge rate
exceed that of the pre- development flow rates for each of the design storms. Or the pump
station shall consist for a variable speed drive that matches the required discharge regime.
c. The pump discharge shall be designed such that no erosion damage will occur.
Resolution No. 9917 (2007 Series)
Page 12
d. The pump shall discharge into a natural waterway or into an easement to which the
subdividers, their heirs and/or assigns have rights to.
20. The final subdivision design shall incorporate stormwater quality BMPs with the January 2005
edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all
developed surfaces excluding rooftops but including all private and public streets, and shall be
subject to the approval of the City Engineer.
21. The final design of any stormwater detention or treatment facilities shall incorporate all
recommendations from the final geotechnical report into the design of said facilities. The final
geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to
the existing soil contamination.
22. The final design of the proposed off -site stormwater detention facilities shall also take into
consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone ") on the
FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo
County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish
the base flood elevation, process a CLOMR or CLOMR -F with FEMA prior to approval of any
plans for ground disturbing activities; then process the final documents once Grading is complete.
The design of any stormwater facilities shall be in compliance with the WWMP -DDM requirement
for construction within a Special Floodplain Management Zone; i.e. no significant net loss of
floodplain storage.
23. The subdivider shall secure the rights for the regional stormwater detention basin prior to or
concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring
off -site property for the construction of the stormwater facilities, the subdivider shall either: a)
revise the maps to reflect appropriately sized: on -site detention of stormwater pursuant to the City's
Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist
in securing the property following procedures as outlined above. All costs associated with
securing said rights including the eminent domain process shall be borne by the subdividers.
24. Prior to the approval of the public improvement plans the subdivider(s) shall have received an
approved grading permit from the County of San Luis Obispo a written waiver for the construction
of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the
City for the processing of the grading permits for property outside the City corporate boundary, the
subdivider(s) shall process the grading permit with the City Public Works Department
concurrently with the improvements plans and pay all fees associated said grading in accordance
with the Public Works Department Fee schedule for plan checking and inspection in effect at the
time of permit processing.
25. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb
cuts in the subdivision and increase the provision of on -street parking. Prior to hearing by ARC,
the applicant shall provide plans to the Public Works Department with additional detail adequate to
show locations of all proposed shared driveways.
26. Where a Class 1 bicycle path provides access across a public street, raised decorative paving,
choke - downs, curb ramps and signage shall be provided and the street crossing shall be designed
to direct pedestrians across the roadway in a perpendicular manner, consistent with the 2007
n
Resolution No. 9917 (2007 Series)
Page 13
Bicycle Transportation Plan.
27. The subdivider shall install private street lighting along the private internal streets per City
standards, public street lighting along public streets interior to the subdivision, and off -site public
street lighting along Prado Road leading to and from the development, as determined by the
Director of Public Works. All public and private street lighting installed by the developer shall
include the luminaires as well as all wiring and conduit necessary to energize the light standards
from PG& E's point of service.
Water, Sewer, Solid Waste & Utilities:
28. The subdivider's engineer shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting infrastructure. If it is
discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency
as a part of the overall project.
29. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the
Utilities Engineer.
30. The water mains, sewer mains, and sewer force mains when attached or included with a bridge,
shall be sleeved and encased within the bridge structure or located above the lowest point so as to
protect the pipelines from the high water flow.
31. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the
City's criteria to the design to determine which lots will need backwater .valves on the sewer
laterals, per City and UPC standards.
32. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a
pressure regulator downstream of the water meter, where the water service enters the building.
33. The sewer and water mains should be located approximately 6 feet on either side of the street
centerline. All final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) are subject to modifications to the satisfaction of the Public Works
Director and Utilities Engineer.
34. The subdivision layout and preliminary utility plans shall include provisions for irrigating common
areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately
sized reclaimed water mains shall be designed and constructed from the City's trunk system to
these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be
appropriately sized to provide for future use areas and extended to the boundary of the tract. If
reclaimed water is not available at the time the recycled water is needed, the system shall be
designed and constructed to reclaimed water standards, and temporarily connected to the City's
potable water system in the area of the anticipated connection to the reclaimed water system.
35. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall add
additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, water
meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste
Resolution No. 9917 (2007 Series)
Page 14
collection vehicle's ability to safely maneuver and access containers on the private roads in the PD
portion of the development), to the satisfaction of the Utilities Department. Said details shall also
indicate appropriate screening for backflow preventers, and shall clearly indicate any requested
deviations from City standards.
36. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that
indicates how any parkway areas associated with detached and/or meandering sidewalks can be
irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code,
to the satisfaction of the Utilities Department. Parkways shall be a minimum of 6 -feet in width to
allow the planting of street trees.
37. Recycled water will be required to be used throughout the development to the maximum extent
feasible. Recycled water use areas will include any landscape or turf areas that are under common
ownership or control, and for which the maintenance will be by contract.
38. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show the
width, grade, structural cross - section and turning radii of all fire access roads and connections with
public or private roads within the subdivision and within the 71 -acre open space lot are suitable for
travel by City fire trucks.
Grading & Drainage:
39. The final grading plan shall include provisions to comply with the soils engineer's
recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access.
The soils engineer shall supervise all grading operations and certify the stability of the slopes prior
to acceptance of the tract and/or issuance of building permits.
40. Clearing of any portion of the existing creek and drainage channels, including any required tree
removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works
Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety
pruning by a certified Arborist as determined by the City Arborist.
41. The developer of VTM #2428 shall begin grading operations related to site preparation and
infrastructure construction near the westerly edge of the property in order to reduce the potential
for short term impacts of "herding" rodents and other small animals toward the adjacent mobile
home park.
42. Any required grading for storm flow collection features behind Lots 19 -57 shall be done to the
satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director.
43. All driveways shall comply with City Engineering Standards #2130 and #2140 for down - sloping
and up-sloping driveways.
44. With regard to down - sloping and up- sloping driveways, common driveways shall be considered
throughout the subdivision at the time of review by the Architectural Review Commission,
particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45,,50/51, 52/53, 54/55 & 56/57, such
that driveway slopes do not exceed 20 %.
45. The final pad grading and certification shall be in accordance with the approved plans, grading
Resolution No. 9917 (2007 Senes)
Page 15
ordinance, and final soils engineer recommendations. The public improvement plans shall be
reviewed by the project soils engineer. The soils engineer shall provide written notification to the
city indicating that the plans have been reviewed and are in general conformance with the report
recommendations.
46. Depending on the timing of subdivision grading and/or building permit applications, the 2007
California Building Code, based on the 2006 International Building Code may be in effect. The
provisions of the new CBC/IBC may differ from those of the current regulations. The soils
engineer shall provide an appropriate response regarding the current grading recommendations in
comparison to the new codes to the satisfaction of the City Engineer and Building Official.
47. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all graded
pads and for in -situ soils on natural lots where deemed necessary by the City Engineer or Building
Official.
48. Final pad certifications shall include the certification of pad construction and elevations. The soils
engineer shall certify all grading prior to acceptance of the public improvements and/or prior to
building permit issuance. The certification shall indicate that the graded pads are suitable for their
intended use.
49. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement plans
and final map shall reflect any additional improvements and easements necessary for slope
protection and maintenance.
50. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city
prior to commencing with public improvements or subdivision grading. If off -site improvements
are not complete, a phasing plan and on -site detention may be required.
51. The width of all public or private drainage easements shall be approved to the satisfaction of the
City Engineer. Drainage easements requiring subsurface piping systems shall not be less than 15'
in width. Surface drainage improvements located along the westerly and southerly tract
boundaries shall be located in easements not less than 10' in width.
52. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an approved
outlet to the existing drainage channels or to an approved off -site drainage easement.
53. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of the HOA
maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resource
Manager.
54. The interceptor ditch shall be designed to accommodate any improved or diverted runoff from the
existing or proposed trail improvements.
55. The public improvement plans and final drainage report shall include additional analysis of *the
runoff from the existing and proposed trails or access roads. The proposed interceptor ditch shall
be extended to protect Lots 52 — 57 if necessary.
56. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road drainage
Resolution No. 9917 (2007 Se, ies) -
Page 16
shall be clearly defined and drainage improvements and easements shall be provided if necessary.
The road may be re- graded to eliminate any cross lot drainage if applicable.
57. The presence of springs within the development area has been identified by the soils engineer as
one of the primary geotechnical concerns. All areas of known or observed seeps and springs shall
be specifically addressed by the soils engineer. General recommendations shall be provided for all
lot areas, roadways, and for the installation of utilities.
58. Drainage systems designed to collect spring water or other sub- surface waters shall be directed to
the natural drainage channels to the maximum extent feasible. Subsurface drainages shall not be
directed to the surface of the public streets unless otherwise approved by the City Engineer.
59. Utility trenches shall be protected with trench dams based on recommendations by the soils
engineer. Trenches to individual Lots shall be likewise protected to avoid the collection and
deposition of sub - surface drainage to under -floor or under -slab areas. Relief drains shall outlet to
a location approved by the City Engineer.
60. If nuisance spring water is expected or encountered with the subdivision improvements and/or
home construction, a separate French drain system may be required with storm drain extensions to
individual lots or areas of concern.
Homeowners' Association:
61. The subdivider shall submit CC &R's with the Final Map that established a "Margarita Area
Master Homeowner's Association" (Master HOA). The Master HOA shall include the
subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts
within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex
to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own,
independent HOA, to manage their common area improvements. The Master HOA, and any and
all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common
area drainage channels, on -site and/or sub - regional drainage basins and conveyance improvements
and the Margarita median landscaping and trail network. The Master HOA shall also annually
maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments
within the MASP. The CC &R's shall be approved by the City Attorney prior to recordation of the
Final Map, or any phase thereof."
62. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lots
designated as "Open Space" or "Wetlands Mitigation" (except for the 71 -acre lot of the King map,
which is proposed for donation to the City). Those open space areas that accommodate trails
intended for public use shall be maintained for public access in perpetuity. Maintenance
responsibilities shall also include maintenance of any cut or fill slopes required to make the swale
and berm. The storm drainage system within private streets shall be privately owned and
maintained by the MHOA (to be included in CC& R's).
63. The MHOA shall be responsible for maintaining any required red curbing and fire lane signage
approved within the subdivision.
64. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the
City Attorney and Community Development Director prior to final map approval. CC &R's shall
Resolution No. 9917 (2007 Series)
Page 17
contain the following provisions that pertain to all lots:
a. Creation of a master homeowners' association if none exists or annexation into an
existing MHOA, if one exists.
b. No parking except in approved, designated spaces.
c. No change in city- required provisions of the CC &R's without prior City Council
approval.
d. Provision for all of the maintenance responsibilities outlined in various conditions herein.
e. The subdivider shall submit common driveway agreements for those lots with shared access
including maintenance provisions, to the approval of the Community Development Director at
the time of final map approval.
f. The MOHA shall be responsible for maintenance of the drainage swale running along and
behind Lots 19 -57 (i.e. all lots backing onto the 71 -acre open space lot), as depicted on sheet 2
of the Vesting Tentative Map.
g. Drainage swales along the west and south tract boundaries shall be maintained, repaired and/or
replaced by individual lot owners in such a way as to allow clear and unobstructed storm water
flows. No storage, alterations, construction and/or landscaping may be permitted in or around
these swales in a manner that interferes with accessibility to, the design, and function of the
overall tract storm drainage system. In the event that individual lot owners do not properly
maintain, repair and/or replace the drainage improvements, the MHOA shall have the right
under the CC &R's to enter said lot owner's property, effect such maintenance, repair and/or
replacement, and bill said owner for costs related thereto. In the event MHOA is unwilling or
unable to manage the storm system within the any portion of the tract (including the PD Zone
as noted below), the City shall have the right to enter said property and maintain, make repairs
and/or replace storm drainage system features and bill the MHOA for said work. MHOA and
City access will be established through storm drainage easements recorded with the final map.
Fencing designs shall not interfere with the functionality of the swales. The locations and
designs of project fencing shall be to the review and approval of the Architectural Review
Commission along with their review of other project development plans.
65. With respect to that portion of the subdivision within the PD Zone (Lots 86 -177), the CC &Rs shall
contain the following provisions, in addition to the above:
a. Creation of a homeowners' association to enforce the CC &Rs and provide for professional,
perpetual maintenance of all common areas including private driveways, drainage swales and
storm drainage improvements, on -site sewer facilities, parking lot areas, walls and fences,
lighting, and landscaping lying outside of private building footprints and patios.
b. Grant to the City the right to maintain common areas if the homeowners' association fails to
perform, and to assess the homeowners' association for expenses incurred, and the right of the
City to inspect the site at mutually agreed times to assure conditions of CC &Rs and final map
are being met.
Resolution No. 9917 (2007 Senes)
Page 18
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in
unauthorized places.
e. No outdoor storage of boats, campers, motor homes, or trailers nor long -term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as
required by the City Fire Department.
j. CC &Rs shall not prohibit location of solar clothes drying facilities in private yards which
are substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
1. No change in City- required provisions for trash collection without prior approval by the
Community Development Director.
Paths /Open Space:
66. The multi -use paths should be 12 feet in width as called for in the Specific Plan, however the Natural
Resource Manager and Public Works Director may approve a narrower path in locations that will be
used by pedestrians only or where environmental conditions warrant a narrower path based on
consideration of in- the -field found conditions.
67. Final design (including materials, location, width, bridging and lighting) of pathways shall be
reviewed and approved by the Natural Resources Manager and Public Works Director.
68. Class I.path crossings at "N" St. should be perpendicular to the street. A cross section should be
developed to show transition of path up to the roadway crossing. A raised table -top design with
decorative pavement, choke - downs, and signage shall be provided and crossing shall be designed
to direct pedestrians to cross the roadway in a direct perpendicular manner, consistent with the
2007 Bicycle Transportation Plan.
69. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D" St. as
indicated by MASP.
70. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical
Resolution No. 9917 (2007 Series)
Page 19
connection to the terminus of Calle Jazmin.
71. The mid -block crossing of "S" Street shall be eliminated due to its close proximity to Calle Malva.
72. The proposed bridge crossings shall provide an accessible path -of- travel in accordance with the
current codes.
Air Quality:
73. All activities associated with construction and operation for the subdivision map shall comply at all
times with all current APCD Rules and Regulations as applicable, including but not limited to PM -10,
NOx emissions, Naturally Occurring Asbestos, Best Available Control Technologies, construction
activity management plans, and phasing techniques.
Housing Programs:
74. Lots 171 -175 of the "condominium" lots on the revised map, to be reserved for the development of 26
affordable housing units, shall be dedicated to the Housing Authority prior to, or in conjunction with,
recording the first phase of Tentative Tract 2428. Lots 176 & 177 are reserved for development of six
(6) "open market" -rate condominium units. Improvement plans for Phase ,1 of Tentative Tract 2428
shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the
Housing Authority site. Additional affordable housing requirements will be required if the average
residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A of
the City Housing Element.
Planning Requirements:
75. Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T "' and elongated
such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the
intersecting street leg.
76. City Standard driveway approaches shall be provided at alley private access points to public streets
to and provide adequate line of sight where red curbing would otherwise be needed.
77. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis
Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed
above.
78. Guest parking spaces shall be designed so motorists can enter and exit the public street in a forward
motion, in no more than 2 movements.
79. In order to be consistent with the requirements of the Margarita Area Specific Plan and County
Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and
protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo
County Airport via an avigation easement document prior to the recordation of the final map.
80. In the event archaeological resources are discovered in conjunction with a construction project, all
activities shall cease and the Community Development Department shall be notified so that the
procedures required by state law may be applied.
Resolution No. 9917 (2007 Serves)
Page 20
81. New development shall implement all feasible measures to minimize the use of conventional energy
for space heating and cooling, water heating and illumination by means of proper design and
orientation, including the provision and protection of solar exposure.
82. 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.
83. Proposed hillside Lots 19 -57, which back up to the large open space parcel, are hereby designated
sensitive sites and must comply with the Community Design Guidelines for hillside development.
Individual lot development shall be subject to the review and approval of the Architectural Review
Commission (ARC). Planning -staff may make the determination upon submittal of complete plans
if the minor or incidental architectural review process is appropriate.
84. Proposed hillside Lots 19 -57 are located within a wildland/urban interface area and shall comply with
all applicable local and state fire code requirements, subject to the approval of the Fire Marshal. A
final fire management plan outlining fuel minimization and maintenance proposals shall be submitted
along with subdivision improvement plans to the approval of the Natural Resources Manager and the
Fire Department.
85. Where the finished pad elevation for a lot along the westerly and southerly boundary of this
subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to it
within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353, development
of said higher lot within VTM 2428 shall be limited to a single story structure. In no instance shall
rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park, El Camino Estates
or approved TM #2353 be less than 20 feet.
86. Except as required above, the following additional conditions of approval relate to requested
exceptions to standard City requirements and will apply only within the area rezoned for "PD"
Planned Development Overlay:
a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of
right -of -way and no less than 20 feet to the garage that has access to the public street.
b. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no less
than 20 feet to the garage from the centerline of the private street for Lots 117 through 137; for all
other lots, no less than 15 feet from garages to the centerline of the private street and no less than
5 feet for all other non - street fronting side and rear yard setbacks.
c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages
and carports, patios, decks and roof overhangs.
d. Upper floor setbacks from property lines need not be more than as required for the ground floor
portion of the structure.
e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square
feet.
Resolution No. 9917 (2007 Series)
Page 21
f. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3 -1/2 feet.)
g. Driveway depths for garages facing private streets shall be designed to accommodate a parking
space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the
common area portion of the drive or street. Variations of design to meet this performance standard
will be subject to approval of the Community Development Director and final plans shall be
reviewed and approved by the ARC.
h. In no event will a floor plan for a lot be allowed that provides more bedrooms than
allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.)
87. Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise or
animal movements) shall be given to all owners and occupants of residential or commercial properties
within 100 feet of such activity and all residents and owners within the Chumash Village Mobile
Home Park. Such notice shall inform neighbors at least two weeks prior to commencement of
activities such as clearing or grading which may result in dust, noise, or animal movements, that such
activity is about to take place and advising that certain precautions may be taken to reduce or
minimize any effects there from.
88. Prior to review by the Architectural Review Commission, the applicant shall provide specific scaled
illustrations showing precise dimensions, area and locations of both private and common open space
together with complete tabulations demonstrating compliance with open space requirements of
Section 16.17.030. B. of the City Subdivision Ordinance.
89. Prior to review by the Architectural Review Commission, the applicant shall provide tabulations of
and specific scaled site plans showing precise dimensions for all guest parking facilities within the
single - family portion of the Planned Development component. Without unduly adding hardscape to
the site, the amount of guest parking spaces shall be maximized to prevent overspill onto adjacent
public streets and more closely meet expected demand.
90. Within the affordable housing component of the project, parking spaces shall be provided that are
nearby and convenient to all units.
91. All fireplaces within the development shall be gas- supplied, rather than wood - buming.
92. To assure more functional and safe access along the minimum 24 -foot wide private drive leading
from "S" Street to the affordable housing component, all lots with frontages along this private
drive (Lots 159 & 160, and 165 -170) shall be designed with side - loaded garages so that vehicles
are not directly backing out into the private drive.
Code Requirements:
Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance
of building permits.
2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be
paid prior to the final map approval.
3. Appropriate backflow prevention will be necessary on any connection to the City water system if
Resolution No. 9917 (2007 Series)
Page 22
the property includes an active well.
4. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm
water discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of five or more acres. Storm water discharges of less than five acres,
but which is part of a larger common plan of development or sale, also require a permit. Permits
are required until the construction is complete. To be covered by a General Construction Activity
Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice
of Intent" (NOI) form, with the appropriate fee, to the State Water Board.
5. The subdivision design shall comply with the City's grading ordinance.
6. Street trees shall be planted along the private street per City Standards (the number of trees is
determined by one tree per 35 linear feet of street frontage).
7. All boundary monuments, lot comers 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" diameter computer floppy disk, containing
the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic
Information System (GIS) purposes, shall be submitted to the City Engineer.
8. The final map, public improvement plans and specifications shall use the International System of
Units (metric system). The English System of Units may be' used on the final map where
necessary (e.g. - all record data shall be entered on the map in the record units, metric translations
should be in parenthesis), to the approval of the City Engineer.
9. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall
have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6 ".
Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire
apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. All
cul-de -sacs shall be minimum 40 foot radius.
10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible
and legible from the street fronting the property. Numbers shall be a minimum of 5" high x' /z" stroke
and be on a contrasting background. [UFC 901.4.4]
11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC.
An approved water supply capable of providing the required fire flow for fire protection is required.
The fire flow shall be determined using applicable Appendices of the CFC.
12. Fire protection systems shall be installed in accordance with the CFC and the California Building
Code. An approved NFPA system will be required for this project.
13. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department approval) and
shall be capable of supplying the required fire-flows.
Resolution No. 9917 (2007 Se-i es)
Page 23
On motion of Council Member Carter, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Carter and Settle and Mayor Romero
NOES: Vice Mayor Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 3`d day of July 2007.
Mayor David F. Romero
ATTEST:
Audrey H er
City Cler
APPROVED AS TO FORM:
Jonathan well
City Attorney
tii�42,