HomeMy WebLinkAbout07/19/2011, C17 - REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF IMPROVEMENTS AT THE INTERSECTION OF SOUTH STREET AND v O
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C ITY OF SAN L U I S OB I S P O
FROM: Jay D. Walter, PE -Director of Public Works4ar
Prepared by: Timothy Scott Bochum, Deputy Director
SUBJECT: REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF
IMPROVEMENTS AT THE INTERSECTION OF SOUTH STREET AND
BROAD STREET AS PART OF PARCEL MAP SLO 04-0160
RECOMMENDATION
1. Tentatively Approve a Reimbursement Agreement with H&D Maymont, LLC, a Delaware
limited liability company, Halferty Development Company, LLC, a Delaware limited liability
company, and Village at Broad Street Family Housing, L.P., a California limited partnership
(PARCEL MAP SLO 04-0160, ARC/ER 62-05, and ER 70-08) for the over sizing of
improvements at the intersection of South Street at Broad Street; and
2. Authorize the City Manager to execute the agreement subject to final approval by the City
Attorney and Public Works Director.
3. Recognize $371,667 in grant funding allocated from SLOCOG from the Urban State
Highway Assistance Program and appropriate the same amount for use on Capital
Improvement Project No. 91127 Capacity Enhancements and Signal Upgrades to the
Highway 227 Corridor.
4. As part of the Agreement authorize $359,000 of these funds to be used to reimburse the
Developer for public improvements pursuant to terms of the Agreement.
DISCUSSION
Summary
Staff is recommending that the City enter into a reimbursement agreement with the owners of the
development project located on the comer of Broad Street and South Street known individually
as the Village at Broad (ROEM) and the Village at Maymont projects. The reimbursement
agreement is recommended because the project is constructing improvements to the intersection
of South Street at Broad Street that are substantially beyond their responsibility. Due to the
slowdown in the economy, other private development projects anticipated to help fund these
improvements have been delayed to the point where the developers cannot move forward with
the improvements without financial participation and a guarantee of reimbursement for work
beyond their fair share of costs.
Public-private reimbursements agreements have been used previously by the City to address
these issues and will likely become more commonplace as the economy remains stagnant and
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economic conditions require innovative ways of funding public improvements. Past Council
approved reimbursement agreements include Costco and Tumbling Waters (now known as laurel
Creek).
This agreement allows for the transfer of existing mitigation fees already collected by the City for
these improvements.. crediting of Transportation Impact Fees and other mitigation fees for the
development project, as well as a financial reimbursement by the City when the project is
complete. Due to the regional nature of these improvements, staff has secured additional grant
funds from SLOCOG to help with completing this project.
Background
On June 19, 2006, the Architectural Review Commission (ARC) approved a Mitigated Negative
Declaration (MND) and granted final approval to the design for a mixed-use project on the
comer of South Street and Broad Street, known as the Village at Maymont. This approval was
appealed to the Council with denial of the appeal occurring on July 18, 2006. As part of the
approvals the MND required certain conditions of approvals and mitigation measures to address
potential project specific and cumulative impacts of the project. Subsequent to this approval, the
project was revised and resubmitted for approval. The project (ARC/ER 70-08), known as the
Village at Broad Street, was approved by the ARC on November 3, 2008. This approval provided
a supplement to the previously approved MND with modifications to condition language and
additional conditions specific to the Village at Broad Project.
One of the significant conditions of approval for the project required.substantial improvements to
the intersection of Broad Street/South Street/Santa Barbara Avenue. These improvements were
required due to both project specific and cumulative impacts caused by other new development.
The improvements include:
• Widening Broad Street, Santa Barbara Avenue, and South Street to allow for dual
left turn lanes and a separate right tum lane in the northbound direction of Broad
Street.
• Installation of a landscaped raised median on Broad Street between South and
Alphonso Streets.
• Relocation of the signal equipment and miscellaneous traffic signal upgrades.
• Installation of countdown pedestrian heads.
Because some of these improvements were anticipated in the City's Transportation Impact Fee
(TIF) program, some of the costs were allowed to be offset with TIF credits. The remaining costs
of the improvements were to be shared by other new development in the area including the draft
South Broad Street Corridor Project Area (SBSC). The economy has delayed many of the other
development projects to the point where the developer cannot move forward with the
improvements without financial participation and a guarantee of reimbursement for work beyond
their fair share of costs. Adoption of the SBSC plan has been slowed due to the economy and the
potential need for a full environmental impact report. Community Development anticipates that
the SBSC plan will circulate through public hearings in the near future but the environmental
review (and identified mitigation projects) will now be included in the Land Use and Circulation
Element update processes that are just now beginning. Therefore, while additional financial
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assistance to participate in the improvements may be forthcoming, this financial program may be
a few years in coming. The current engineer's cost estimate for the project is $1,050,000, which
includes payment of plan check and inspection fees to the City.
The developers are eligible to seek a reimbursement agreement with the City for costs associated
with these improvements beyond their responsibility. Sections 66485, 66486, and 66487 of the
State of California Subdivision Map Act establish provisions for requiring certain off-site
improvements beyond subdivision property lines and the allowance for a reimbursement
agreement to reimburse the subdivider for that portion of the cost of those improvements,
including an amount attributable to interest, in excess of the construction required for the
subdivision. In addition to these Subdivision Map Act provisions, Section 16.20.110 of the City's
Subdivision Regulations provides that if one developer/property owner pays for off-site
improvements (beyond their pro-rata share) and others benefit from the improvements, the
subdivider may seek reimbursement from the City or future development projects that benefit
from the improvements. The Subdivision Regulations allow the City to collect from the
benefiting parties prior to issuance of future development permits for properties in the benefit
area either through mitigation fees or inclusion of these costs in a public impact fee program.
Terms of the Reimbursement Agreement
Staff has worked with the developers to craft the draft reimbursement agreement for these
reimbursement issues. The discussions have been complex due to the nature of the project, the
various issues surrounding timing of other development projects, and available financial sources
of the City.
Highlights of the Reimbursement Agreement include:
1. The Developer shall complete the street improvements within one year (12 months) of
execution of the agreement or issuance of an encroachment permit, whichever occurs
later.
2. The Developer will pay all City plan check and inspections fees for the project.
3. Total Project Cost is established at $1,050,000 (including a $50,000 contingency amount);
however, there are provisions in the agreement to renegotiate this amount if significant
unforeseen conditions occur and change orders are necessary.
4. Change orders that can be approved by the Director of Public Works are limited to the
contingency amount. Change orders above this amount must return to Council for approval.
5. The City will allow credit for Transportation Impact Fees (TIF) either already collected or
to be paid in the future in an amount not to exceed $262,488 for the Village at
Maymont/Broad project.
6. Within sixty (60) days of execution of the agreement and bonding of improvements by
the Developer, the City will refund $133,000 in mitigation fees already collected from
other developers for these improvements as well as $55,885 in mitigation fees already
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collected from the Village at Broad (ROEM) project for other transportation mitigation
fees for its project.
7. Upon completion of the project and final project accounting, the City will reimburse the
Developer in an amount not to exceed $359,000 for performing the public improvements.
8. Any cost savings (or cost overruns) of the project will be shared with the Developer
responsibility of 21% and City (public) share at 79%.
CONCURRENCES
The Finance Director concurs with the recommended action.
FISCAL IMPACT
There are no significant financial impacts to the General Fund with this proposed Reimbursement
Agreement. The Reimbursement Agreement allows for crediting of certain Transportation Impact
Fees that would otherwise be collected from the Developer to be used to offset costs for this
project. The Agreement commits the City to pay up to $359,000 in direct participation for costs of
the project,which will be covered by grant funding.
Staff has solicited and received approval from SLOCOG for use of grant funds from the Urban
State Highway Assistance program (USHA) to help complete the proposed improvements. The
grant was specifically written for traffic operations and capacity enhancements to the Highway 227
relinquishment areas which include the intersection improvements at Broad Street/South Street.
The grant amount was for a not-to-exceed amount of$371,667. Any grant funds left unused for the
project($12,667)will be used on other areas of upgrades to the Highway 227 corridor.
In order to use these funds, the City must first appropriate the new revenue in a CIP account, then
complete the cost participation with the project, and finally seek reimbursement from SLOCOG
from the USHA accounts. This funding was not proposed as part of the CIP in the recently adopted
2011-13 Financial Plan because final participation amounts with the developer and reimbursement
agreement had not been finalized.
Finally, the City's cost in the project is eligible to be passed on to other new development that
impacts the intersection. In essence, the City will act as the bank to get the improvements
completed now but can pass on part of these costs to new development. Staff will continue to place
conditions of approval for financial participation in the project cost on new development in the area
that impacts the intersection. When the improvement project is complete, staff will determine if the
final project costs should continue to be conditioned on a project-by-project basis, be amended into
the Citywide Transportation Impact Fee program, or included in a future South Broad Street
Corridor public facilities plan for the project area since it has the potential to affect the intersection
the most in the future.
ATTACHMENT
Draft Reimbursement Agreement
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t:\council agenda reports\public works car\201 I\dev rev\reimbursement agreement vab\car-reimbursement agreement for vab.doc
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A
Street Improvement Reimbursement Agreement
(Village at Broad Street)
THIS STREET IMPROVEMENT REIMBURSEMENT AGREEMENT ("Agreement') is entered
into as of ' 2011, by and between the City of San Luis Obispo, a California
municipal corporation and charter city ("City"), on the one hand, and H&D Maymont, LLC, a Delaware
limited liability company ("H&D"), Halferty Development Company, LLC, a Delaware limited liability
company ("HDC'), and Village at Broad Street Family Housing, L.P., a California limited partnership
("VBS"), on the other hand. H&D, HDC and VBS are sometimes referred to herein individually as a
"Developer Party" and collectively as "Developer.". City and Developer are sometimes referred to herein
individually as a"Party"and collectively as the"Parties."
RECITALS
A. H&D, HDC and VBS, are the developers of that certain real property described as Parcels 1, 2 and 3
of Parcel Map SLO 04-0160 in the City of San Luis Obispo, County of San Luis Obispo, State of
California as shown on the map recorded in Book 68 of Parcel Maps, Pages 69 and 70 in the Office
of the County Recorder of said County (the "Property"). The Property is located near the
intersection of Broad and South Streets in the City of San Luis Obispo. For ease of reference in this
Agreement, Parcels 1, 2 and 3 within the Property are sometimes referred to as "Parcell," "Parcel
2"and "Parcel 3," respectively. The locations of the Property and Parcels 1,2 and 3 are depicted on
Exhibit A attached hereto.
B. Developer intends to develop the Property as a mixed use development consisting of residential,
retail, office and commercial uses, to be known as "The Village at Broad Street" (the "Pillage").
Parcel I is currently being developed with retail and residential uses, Parcel 2 is planned to be
developed with 28 multi-family dwellings, and Parcel 3 is under construction for residential uses.
The development on Parcel 1 is referred to herein as the "Fresh & Easy Project," and the
development on Parcel 3 is referred to herein as the "VBS Project."
C. In connection with the approval of the Village, City's Planning Commission adopted Resolution No.
5509-08 on September 10, 2008 (the "Resolution"), which set forth certain conditions related to the
approval of the uses proposed for the Village. Among other conditions; Developer is required to
satisfy the mitigation measures set forth in Addendum to ER 62-05 (ER 70-08), a copy of which is
attached hereto as Exhibit B. Mitigation measures 33 —40 of said Addendum (the"Transportation
Measures") describe various transportation-related conditions that must be satisfied in connection
with the Village in the vicinity of the Property to offset traffic impacts from development
(collectively,the"Trafc Mitigation Improvements").
D. Due to the location of portions of the Village and because direct access will be taken from Parcel 1
onto Broad Street, a number of the Traffic Mitigation Improvements called out in the Transportation
Measures relate to the widening of Broad Street and other traffic signal, median and road
improvements required in connection with the development of the Village (the "Village Street
Improvements"). The Village Street Improvements are the responsibility of Developer. In addition
to the Village Street Improvements, City desires to implement additional improvements at the Broad
and South Street intersection required in connection with projects being developed by parties other
than Developer (the "Non-Village Street Improvements") and has requested that the Non-Village
Street Improvements be incorporated into the design of, and be constructed concurrently with, the
Village Street Improvements. Developer is also responsible for a percentage of the cost of the Non-
Village Street Improvements as provided herein. A list of all of the traffic-related improvements
included in the Village Street Improvements and the Non-Village Street Improvements (together,
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described as the "Street Improvements") are more specifically described on Exhibit C attached
hereto and are collectively referred to in this Agreement as the"Street Improvement Project."
E. City desires to expedite the implementation of the Street Improvement Project at this time in advance
of collecting fair share contributions from developers of other projects ("Other Developers'); in
order to(i)enhance traffic flows in this area of City, (ii) improve accessibility and operations of City
Fire Station #1 (located north of the Property), and (iii) improve circulation safety and capacity to
serve both existing and projected future traffic demands along Broad Street and at the intersection of
Broad and South Streets.
F. City and Developer desire by this Agreement to(i)address the funding and construction of the Street
Improvement Project, which will be constructed in conjunction with Developer's development of
Parcels 1 and 3, and (ii) confine that, upon completion of its obligations under this Agreement,
Developer shall have satisfied all obligations related to its development of the Village with respect to
roadway and transportation improvements contained in the Transportation Measures; provided,
however, that Developer's completion of its obligations under this Agreement shall not be deemed to
satisfy (A) any project specific frontage improvements on Emily Street required in connection with
the development of Parcel 2, or (B) any requirements for street right-of-way dedication for the
proposed extension of Victoria Avenue required in connection with the development of Parcel 3 (as
more specifically described in Paragraph 1 I of this Agreement).
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth
below, City and Developer agree as follows:
1. Recitals Incorporated. The above Recitals are true and correct and are incorporated into this
Agreement by this reference.
2. Design of Street Improvement Project. Developer shall obtain City approval of the plans and
specifications for the Street Improvement Project prior to construction of the Street Improvements. The
plans and specifications that are approved by the City shall be referred to herein as the"Approved Plans." In
the event of any proposed change to the Approved Plans, Developer shall submit same to City for its
approval prior to the construction of any Street Improvements subject to a proposed change.
3. Construction. Subject to delays beyond the reasonable control of Developer as described in
Paragraph 12 below, Developer shall complete the Street Improvement Project within one (1) year from the
last to occur of(a) the date of City's execution of this Agreement, or (b) the date of City's issuance of an
encroachment permit for the Street Improvement Project (the "Construction Deadline"). Developer shall
perform all administrative work in connection with the construction contract for the Street Improvement
Project, pay City plan check and inspection fees, and monitor the performance of the work by the contractor
through completion of the Street Improvement Project. Developer or Developer's contractor shall obtain an
encroachment permit from City prior to the start of construction. The project shall be deemed "complete"
pursuant to the"Street Improvement Completion Process"set forth on Exhibit.E.
4. Project Cost. The estimated cost to design and construct the Street Improvement Project (which
includes both the Village Street Improvements and the Non-Village Street Improvements), including
contingencies in the amount of$50,000 (the "Contingency")i is $1,050,000 as set forth on Exhibit D (the
"Cost Estimate"). In connection with its development of the Village, Developer is responsible for (a) the
entire estimated cost of the Village Street Improvements in the amount of$48,109, and (b) a portion of the
cost to design and construct the Non-Village Street Improvements in the amount of$180,340 (collectively,
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the "Village Share"). The Cost Estimate to complete the Street Improvement Project exceeds the Village
Share by$821,551 (the"Project Cost Differential").
Notwithstanding anything to the -contrary in this Agreement, if during the course of construction,
Developer's contractor encounters adverse concealed conditions that could not reasonably have been
anticipated prior to commencement of construction and which will cause the cost of the Street Improvement
Project to exceed the Cost Estimate, Developer may submit change order(s) to City's Director of Public
Works ("Director") describing such unforeseen conditions for approval by Director, provided, however, that
the total cost of all change orders combined does not exceed the Contingency described in the preceding
paragraph. If the total cost of all change orders does exceed the Contingency, then the change orders must be
submitted to City Council for approval. The amount of any such change order approved by the Director(or
the City Council, as the case may be) shall be shared by and paid by Developer and City in the same
percentages as the division of Project Savings described in Paragraph 8.c below. Any approved change order
amounts, as well as the respective shares thereof to be paid by Developer and City, shall be included in the
Final Accounting described in Paragraph 8.a below.
5. Transportation Impact Fees. In connection with its development of the Village, Developer is
responsible for payment of $382,562 in Transportation Impact Fees ("TIF"), which amount is allocated
among the Parcels within the Property as follows: (a) $131,258 for Parcel 1, (b)$82,180 for Parcel 2, and
(c) $169,124 for Parcel 3. Developer has previously paid $49,088 of the TIF allocable to Parcel 3 (the "TIF
Prepayment"). The remaining TIF for Parcel 3 was waived per City Council Resolution No. 8415 (1995
Series) because Parcel 3 is being developed as an affordable housing project. Because the Project Cost
Differential is greater than the sum of the Village Share and the City Share (as defined in Paragraph 8
below),City agrees that within sixty(60)days of City's execution of this Agreement and City's receipt of the
Required Surety (as defined in Paragraph 9 below), City shall reimburse the $49,088 TIF Prepayment to the
Developer Party listed in Paragraph 8.d for use in completing the Street Improvement Project. City also
agrees that, so long as Developer completes the Street Improvement Project by the Construction Deadline,
City shall grant TIF credits for Parcels 1 and 2 of the Property to be applied towards the Final Cost (as
defined in Paragraph 8.a below) of the Street Improvement Project in an amount not to exceed $131,258 for
Parcel 1 and $82,180 for Parcel 2.
6. Traffic Mitigation Fait Share Costs. In connection with its development of the Village, Developer is
also responsible for payment of fair share costs toward other improvements not included within the Street
Improvement Project, namely, the installation of a traffic signal at Woodbridge/Broad and the extension of
Victoria Avenue (collectively, the "Other Improvements"). Developer's fair share of the cost to install the
traffic signal at Woodbridge/Broad is allocated as follows: (a) a total of$10,500 combined for Parcels 1 and
2, and (b) $5,880 for Parcel 3. Developer's fair share of the cost to extend Victoria Avenue is allocated as
follows: (i) zero for Parcel 1, (ii) zero for Parcel 2, and (iii)$50,005 for Parcel 3. The Woodbridge/Broad
and Victoria Avenue fair share costs are collectively referred to as the "Fair Share Cost of the Other
Improvements." Developer has previously paid $55,885 of the Fair Share Costs of the Other Improvements,
which is the sum of the amounts allocated to Parcel 3 toward the costs of the Other Improvements(the"Fair
Share Prepayment"). Because the Project Cost Differential is greater than the sum of the Village Share and
the City Share, City agrees that within sixty (60) days of City's execution of this Agreement and City's
receipt of the Required Surety, City shall reimburse the $55,885 Fair Share Prepayment to the Developer
Party listed in Paragraph 8.d for use in completing the Street Improvement Project. City also agrees that, so
long as Developer completes the Street Improvement Project by the Construction Deadline, City shall (1)
waive $10,500 of the Fair Share Cost of the Other Improvements and (11) apply the $10;500 waived amount
towards the Final Cost (as defined in Paragraph 8.a below) of the Street Improvement Project; provided,
however, that nothing contained in this Paragraph shall be deemed to reduce any obligations of Developer
related to the frontage improvements along the Victoria Avenue extension as described in Paragraph I1
below.
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7. Contributions from Other Developers. City has previously collected $133,000 from the Other
Developer who is developing Tract 2707 (located at 951 Orcutt Road) for such Other Developer's share of
the improvements at the Broad/South intersection (the "Other Developer Contribution"). Because the
Project Cost Differential is greater than the sum of the Village Share and the City Share, City agrees that
within sixty (60) days of City's execution of this Agreement and City's receipt of the Required Surety, City
shall reimburse the $133,000 "Other Developer Contribution"to the Developer Party listed in Paragraph 8.d
for use in completing the Street Improvement Project. Developer agrees that any future contributions from
Other Developers will be used to offset the City Share of the Street Improvement Project and shall not be
reimbursed to Developer.
8. Payment of City Share. Because the cost of the Street Improvement Project greatly exceeds the
Village Share and because of the benefits to be derived by City and the general public from the Street
Improvement Project, City shall reimburse Developer for a portion of the Final Cost(as defined in Paragraph
8.a below) within the time provided in Paragraph 8.b or 8.c below. The actual amount of the Final Cost
ultimately paid by City(the"City Share")shall be determined as provided below:
a. Calculation of Final Cost. Developer shall calculate the final, actual cost of the Street
Improvement Project incurred by Developer based upon receipted bills, canceled checks and contracts
("Final Accounting") and submit its calculation and substantiating information (including change orders
approved by Director or the City Council as provided in Paragraph 4 above) to City within ninety (90) days
of recordation of the notice of completion for the Street Improvement Project. Any delay by Developer in
.submitting the Final Accounting to City shall result in a commensurate delay in City's payment to Developer
of the City Share. City shall complete its review of the Final Accounting and backup information submitted
by Developer within sixty (60) days of City's receipt of same (the "City Review Period"). In the event of
any discrepancy in the Final Accounting noted by City, City shall notify Developer no later than ten (10)
days after the expiration of the City Review Period, in which event the parties shall meet and confer and
resolve any such discrepancies within fourteen (14)days of Developer's receipt of City's discrepancy notice.
The final cost of the Street Improvement Project approved by City pursuant to the foregoing process is
referred to herein as the"Final Cost."
b. Final Cost Equal To or Greater Than Cost Estimate. If the Final Cost is equal to or greater
than $1,050,000, then the City Share shall be $359,000, and so long as Developer has completed the Street
Improvement Project by the Construction Deadline, City shall pay such amount to the Developer Party listed
in Paragraph 8.d within thirty (30) days of(i) the determination of the Final Cost pursuant to the process
described in Paragraph 8.a above, or (ii) completion of the Street Improvement Project pursuant to the
"Street Improvement Completion Process" set forth on Exhibit E, whichever occurs later. In the event this
Paragraph 8.b is the method under which the City Share is determined, then City's payment of the amount set
forth in this subparagraph shall fulfill City's obligation to pay Developer for the City Share.
C. Final Cost Less Than Cost Estimate. If the Final Cost is less than $1,050,000, City and
Developer shall share proportionally in the savings (that is, the difference between the $1,050,000 Cost
Estimate and the Final Cost), and the City Share shall be determined as follows:
i. $1,050,000 minus Final Cost=Street Improvement Project Savings
ii. Street Improvement Project Savings multiplied by 79% (represents City's
proportion of costs)=City's Share of Savings
iii. Street Improvement Project Savings multiplied by 21% (represents Developer's
proportion of costs)=Developer's Share of Savings.
iv. City Share=$359,000 minus City's Share of Savings.
So long as Developer has completed the Street Improvement Project by the Construction Deadline, City shall
pay the amount of the City Share, determined as provided above, to the Developer Party listed in Paragraph
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8.d within thirty (30) days of (i) the determination of the Final Cost pursuant to the process described in
Paragraph 8,a above, or (ii) completion of the Street Improvement Project pursuant to the "Street
Improvement Completion Process" set forth on Exhibit E, whichever occurs later. In the event this
Paragraph 8.c is the method under which the City Share is determined,then City's payment of the amount set
forth in this subparagraph shall fulfill City's obligation to pay Developer for the City Share.
d. Developer Party for Receipt of Payments. All payments by City to Developer shall be made
payable to "H&D Maymont, LLC" and sent to the address of such entity under the Notice provision of this
Agreement. Payments of the City's share of the Final Cost to H&D Maymont, LLC shall fulfill City's
reimbursement obligations to Developer as set forth in this Agreement. City shall not make any payment to
any other Developer Party unless this Agreement is modified in writing and approved by all Parties.
e. Reduction of City Share In Event of Developer Default. In the event that Developer does
not complete the Street Improvement Project as required in this Agreement,then to the extent that City either
draws from the Required Surety(as defined in Paragraph 9 below) or otherwise completes any portion of the
Street Improvement Project that Developer has failed to complete (the "Uncompleted Portion") by the
Construction Deadline, then the amount of the City Share of the Final Cost shall be reduced proportionately
by the amount of the Uncompleted Portion completed by City, plus an additional reduction for administrative
costs and attorney's fees incurred by City. For example, if Developer only completes 75% of the Street
Improvement Project by the Construction Deadline and City completes the final 25% of the Street
Improvement Project, then the amount of the City Share of the Final Cost shall be reduced by 25% plus an
additional reduction for administrative costs and attorney's fees incurred by City.
9. Required Surety and Acceptance of Improvements. Developer agrees to submit either an instrument
of credit or a bond approved by and in favor of City in the amount of $1,050,000 to guarantee faithful
performance of the work(the"Required Surety"). Developer agrees to submit the Required Surety to City on
or before the first to occur of(a) the date that is sixty (60) days after City Council's authorization of this
Agreement, or(b) the date of City's issuance of an encroachment permit for the Street Improvement Project.
Developer 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 of completion of the
work. Upon completion of the work, City will release all but 10%of the Required Surety, that amount being
deemed sufficient to guarantee faithful performance by the Developer of its obligation to remedy any defects
in the improvements arising within a period of one year following completion of the work. As used in this
paragraph, "completion of the work" shall be determined pursuant to the "Street Improvement Completion
Process" set forth on Exhibit E.. Neither periodic nor progress inspections or approvals shall bind City to
accept the Street Improvements or to waive any defects in said improvements or any breach of this
Agreement. Developer shall submit"AS-BUILT" record drawings of the completed Street Improvements to
City prior to City acceptance of the Street Improvements.
10. Other City Responsibilities. Developer has included a Plan Check and Permit Fee of One Hundred
Fourteen Thousand Dollars ($114,000)(the "City Permit Fee") in the Cost Estimate, and the City Permit Fee
includes the cost of City's field inspection services for the Street Improvement Project. Upon Developer's
payment in full of the City Permit Fee, all costs for City's field inspection services for the Street
Improvement Project will be deemed to have been paid in full, and Developer shall be charged no further
fees for City's field inspection services related to the Street Improvement Project. City will also provide
plan checking services for the Street Improvements on an expedited schedule.
11. Victoria Avenue Extension. City acknowledges that Developer's construction of the Street
Improvement Project satisfies the Developer Parties' obligation to make any further funding contributions or
right-of-way dedications for the extension of Victoria Avenue through the Property; provided, however, that
to the extent there remains any obligation to convey right-of-way for the proposed extension of Victoria
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Avenue through the Property, the obligation_ for same shall be enforceable by City against the owner of
Parcel 3.
12. Excusable Delays. Delays resulting from "force majeure events"shall be considered to be excusable
delays that will extend the time for performance by Developer hereunder by a period of time equal to the
length of such delay, provided that Developer has submitted to City notice describing the nature of the delay
within five(5) business days of the end of the delay event. For purposes of this Agreement, a"force majeure
event" shall mean any event that could not have been avoided by the use of reasonable efforts by Developer,
including but not limited to earthquake, epidemic, war, terrorism, riot, act of sabotage or civil commotion,
industry-wide labor strike, material shortages, extreme weather events such as tornadoes, spills of hazardous
substances at the project site by parties for which Developer has no responsibility, fire, or suspension or
interruption of the project by City.
13. Indemnity. Developer shall, at its sole expense, indemnify, defend and hold harmless City, its
elected and appointed officials, officers, and employees (collectively, the "City Indemnitees"), from and
against any and all claims, costs, actions or proceeding against the City Indemnitees arising out of or related
to (a) any act, omission, willful misconduct or negligence of Developer, its employees, representatives or
contractors, in connection with or incidental to the performance of Developer's obligations under this
Agreement, or(b)any breach of this Agreement by Developer.
14. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party
regarding any default by the other party shall impair such right or remedy or be construed as a waiver. A
party's consent or approval of any act by the other party requiring consent or approval shall not be deemed to
waive or render unnecessary said party's consent to or approval of any subsequent act of the other party.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
15. Legal Action. In addition to any other rights or remedies either party has under this Agreement,
either party may take legal action to: (a) cure, correct or remedy any default by the other party; (b) compel
specific performance of this Agreement; (c) obtain injunctive relief; or (d) obtain any other remedy
consistent with the purpose of this Agreement.
16. Notices. Any notice, demand, request, consent, approval or communication under this Agreement
shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed given (a) upon personal delivery or (b) forty-eight (48) hours from deposit of such
notice in the United States mail, postage prepaid.
To City:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Atm: Director of Public Works
To Developer:
H&D Maymont, LLC
c/o DeBeikes Investment Company
5289 Alton Parkway
Irvine, CA 92604
Attn: Richard A. DeBeikes,Jr.
6
C17-11
ATTACHMENT
With copies to:
Halferty Development Company
199 S. Los Robles Avenue, Suite 840
Pasadena, CA 91101
Attn: James L. Halferty
Village at Broad Street Family Housing, L.P.
c/o ROEM Development Corporation
1650 Lafayette Street
Santa Clara, CA 95050
Atm: Jonathan Emami
Pirzadeh& Associates, Inc.
30 Executive Park, Suite 270
Irvine, CA 92614
Atm: Peter Pirzadeh
17. Assignment. Except to a subsidiary or affiliated entity of Developer, Developer shall not assign,
transfer, convey or otherwise dispose of the contract, or its right, title or interest,or its power to execute such
a contract to any individual or business entity of any kind without the previous written consent of City.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
19. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by a
written instrument signed by both Parties.
20. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement,the Parties hereto are formally bound to the provisions of this Agreement.
21. Severabilitv. Each term, covenant, condition or provision of this Agreement is intended to be
severable. If any term, covenant, condition or provision contained in this Agreement is held to be invalid,
void or illegal by any court of competent jurisdiction, such provision shall be deemed severable from the
remainder of this Agreement and shall in no way affect, impair or invalidate any other term, covenant,
condition or provision contained in this Agreement. If such term, covenant, condition or provision shall be
deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid
to the extent of the scope or breadth permitted by law.
22. Interpretation. The paragraph headings of this Agreement are for reference and convenience only,
are not made part of this Agreement and shall have no effect upon the construction or interpretation of any
part hereof. The provisions of this Agreement shall be construed in a reasonable manner to implement the
purposes of the parties and of this Agreement. This Agreement shall be construed as if drafted jointly by
City and Developer.
23. Satisfaction of Conditions. City acknowledges that, upon completion of its obligations under this
Agreement, Developer shall have satisfied (except as otherwise provided in Recital F to this Agreement) all
of its obligations related to (a) the development.of the Village with respect to roadway and transportation
improvements contained in the Transportation Measures, and (b) the payment of Transportation Impact Fees
and its contributions toward the Fair Share Cost of Other Improvements allocable to Developer's
development of the Village.
' 7
C17-12
ATTACHMENT
24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
25. Entire Agreement. This Agreement represents the entire understanding of City and Developer as to
the matters contained herein, and no prior oral or written understanding shall be of any force or effect with
respect to the matters covered in this Agreement.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be executed by their
respective duly authorized officers and representatives as of the date first set forth above.
CITY OF SAN LUIS OBISPO,
a California municipal corporation
By:
Name:
Jan Howl Marx
Title:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
By-
Attorney
8
C17-13
J �
ATTACHMENT .V
H&D MAYMONT,LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
HALFERTY DEVELOPMENT COMPANY, LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
VILLAGE AT BROAD STREET FAMILY HOUSING,L.P.,
a California limited partnership
By:
Name:
Title:
By:
Name:
Title:
9
C17-14
ATTACHMENT
Exhibit A
Depiction of Property
C17-15
ATTACHMENT
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ATTACHMENT
Exhibit B
Addendum to ER 62-05(RE 70-08)
C17-17
AWR
ATTACHMENT
Addendum to ER 62-05(ER 70-08)
Mitigation Required by the City
for the Village at Broad Project-
1. All project and building plans shall generally show buildings limited to 35 feet in
height, per City zoning regulations, to help preserve the scenic viewsheds
surrounding the proposed project site. Building E may exceed that height through
approval of the Mixed Use overlay zoning and final architectural approval by the
Architectural Review Commission.
2. Prior to issuance of grading and buildings permits for the proposed project, the
Architectural Review Commission (ARC), in consultation with City staff and other
reviewing authorities, shall ensure that the project adheres to the Community
Design Guidelines with regards to the Historical Preservation Zone. The ARC, City
staff, and other reviewing authorities shall not approve the project unless the
following specific findings can be made:
a) The project maintains a high quality of craftsmanship in development through
use of authentic building styles, design elements, and materials.
b) The project buildings are clustered to achieve a "village" scale. The various
buildings are designed to create a visual and functional relationship with one
another.
c) The project buildings provide a sense of human scale. The project buildings
incorporate significant wall and roof articulation to reduce apparent scale. Roofs
are multi-planed to avoid large, monotonous expanses. Horizontal and vertical
wall articulation is expressed through the use of elements, such as wall offsets,
recessed windows and entries, awnings, and second floor setbacks.
d) The project buildings incorporate setbacks at the ground floor level and/or
upper levels (stepped-down) along street frontages, such that they do not
visually dominate the adjacent neighborhood.
e) The project buildings' elements are in proportion. Building designs demonstrate
continuity, harmony, simplicity, rhythm, and balance and are in proportion to
one another.
f) The project's internal streets are designed with comprehensive streetscapes
including sidewalks with canopy trees.
g) The project's bike parking is planned as an integral part of the overall design
and not simply located in "left over" areas.
h) Landscaping is used to help define outdoor spaces, soften the project
structures' appearance, and to screen parking, loading, storage, and equipment
areas
i) Where visual screening at ground level is required (for those portions of the
development visible from Broad Street), the project utilizes a combination of
elements as appropriate, such as walls, berms, and landscaping.
C17-18
ATTACHMENT
ER 70-08(Addendum to ER 62-05) f
Page 2
j) The project maintains views of the South Street Hills and the Santa Lucia
Foothills to the greatest extent possible.
3. To minimize impacts to residential development that overlooks the project site, the
roofs of proposed project buildings shall be non-reflective and designed with muted
tones in hue to mitigate visual impacts related to light and glare consistent with
standards in the Community Design Guidelines, Section 6.1C.
4. All outdoor lighting shall be directed downward, consistent with the San Luis Obispo
Community Development Design Guidelines.
5. This measure focuses on reducing ozone formation from project-related ozone
precursors, NO. and ROG, which is also referred to as Volatile Organic Compounds
(VOC). The primary source of these emissions would be ROG released during
application of paint to the proposed residential and commercial structures. The rate
of ozone formation is greatest during periods of clear weather, low winds and high
temperatures. All of the following measures shall be implemented to prevent
exceedances of the State 1-hour ozone standard:
a) Paint emissions shall not exceed the 185 pound per day significance threshold
(88 gallons per day based on 2.08 pounds VOC per gallon);
b) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold
(2,403 gallons per quarter based on 2.08 pounds VOC per gallon);
c) For architectural coatings, APCD regulations limit the VOC content of coating
materials used to 100 to 730 grams per liter, depending on the type of coating.
Refer to Table 433-1 of Rule 433 of the San Luis Obispo County APCD Rule
Book for a detailed listing of the architectural coatings and associated VOC
limit; and
d) A record of paint use shall be kept during construction so as to show adherence
to these mitigations. The use of`,,pre-coated materials, or naturally colored
materials and high transfer efficiency painting methods (e.g., HVLP,
brush/roller, etc.) to the maximum extent feasible would reduce the amount of
paint used and facilitate compliance with the thresholds.
6. The following measures shall be fully implemented during the construction period to
reduce PM10 impacts to a level of less than significant:
a) All disturbed areas, including storage piles, which are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions using
water, chemical stabilizer/ suppressant, covered with a tarp or other suitable
cover or vegetative ground cover;
b) All on-site unpaved roads and off-site unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant;
c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and
fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking;
C17-19
ATTACHMENT
ER 70-08(Addendum to ER 62.08)
Page 3
d) When materials are transported off-site, all material shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained;
e) All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday. The use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions. Use of blower devices is
expressly forbidden;
f) Fallowing the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant;
g) Within urban areas, trackout shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday; and,
h) Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
i) Reduce the amount of the disturbed area where possible;
j) Use of water trucks or sprinkler systems in sufficient. quantities to prevent
airborne dust from leaving the site. Increased watering frequency would be
required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)
water should be used whenever possible;
k) Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activities;
1) Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating native grass
seed and watered until vegetation is established;
m)AII disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
n) All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used;
o) Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
p) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114;
q) Install wheel washers where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site, if track out occurs it should
be clean up immediately; and
r) Sweep streets at the end of each day if visible soil material is carried onto
_ I
C17-20
- - ATTACHMENT
ER 70-08(Addendum to ER 62.05); 1
Page 4 Ka.
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
7. During construction, the applicant shall implement the following standard
construction equipment mitigation measures for reducing NOx and other
combustion emissions (diesel particulate matter): See section 6.3.1 of the Air
Quality Handbook:
a) Maintain all construction equipment in proper tune according to manufacturer's
specifications;
b) Fuel all off-road and portable diesel powered equipment with ARB certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road); and,
c) Maximize, to the extent feasible, the use of diesel construction equipment
meeting ARB's 1996 and newer certification standard for off-road, heavy-duty
diesel engines;
d) All on and off-road diesel equipment shall not be allowed to idle for more than 5
minutes. Signs shall be posted in the designated queuing areas to remind
drivers and operators of the 5 minute idling limit;
e) In any area where haul or trucks or other construction related truck may be
queuing, signs shall be posted to limit idling and queuing areas should be
located away from residential areas and other sensitive resources; and,
f) Prior to any work beginning, the applicant shall install ten (10) diesel oxidation
catalysts (DOC), or two (2) catalyzed diesel particulate filters (CDPF) on the
construction equipment that shall generate the greatest emissions (i.e., loader
loading soil for off-site transport).
8. The applicant shall only install APCD-approved wood-burning devices in the new
dwelling units consistent with APCD Rule 504. These devices include:
a) All EPA-Certified Phase If wood burning devices;
b) Catalytic wood-burning devices which emit less than or equal to 4.1 grams per
hour of particulate matter which are not EPA-Certified but have been verified by
a nationally-recognized testing lab;
c) Non-catalytic wood-burning devices which emit less than or equal to 7.5 grams
per hour of particulate matter which are not EPA-Certified but have been
verified by a nationally-recognized testing lab;
d) Pellet-fueled woodheaters; and,.
e) Dedicated gas-fired fireplaces.
9. If utility pipelines are scheduled for removal or relocation; or building(s) are removed
or renovated, this project may be subject to various regulatory jurisdictions,
including the requirements stipulated in the National Emission Standard for
Hazardous Air Pollutants (40CFR61, Subpart M — asbestos NESHAP). The
requirements include, but are not limited to: (1) notification requirements to the
I
_ I
C17-21
ATTACHMENT
ER 7"8(Addendum to ER 62-05)
Page 5
District, (2) asbestos survey conducted by a Certified Asbestos Inspector, and (3)
applicable removal and disposal requirements of identified ACM.
10. Prior to any grading activities at the site, the project proponent shall update the
existing geotechnical investigation to determine if Naturally Occurring Asbestos
(NOA) is present within the area that will be disturbed. If NOA is not present, an
exemption request must be filed with the District. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos ATCM. This
may include development of an Asbestos Dust. Mitigation Plan and an Asbestos
Health and Safety Program for approval by the APCD.
11. To reduce NOX, PM10, and ROG emissions during operation of the project, the
project proponent shall implement the following, where applicable or feasible:
RESIDENTIAL
a) Link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle
travel;
b) Include traffic calming modifications to project roads, such as narrower streets,
speed platforms, bulb-outs and intersection modifications designed to reduce
vehicle speeds,thus encouraging pedestrian and bicycle travel;
c) Include easements or land dedications for bikeways and pedestrian walkways;
d) Provide continuous sidewalks with adequate lighting and crosswalks at
intersections;
e) If the project is located on an established transit route, improve public transit
accessibility by providing transit turnouts with direct pedestrian access to the
project;
f) Increase street shade tree planting;
g) Provide outdoor electrical outlets to encourage the use of electric appliances
and tools;
h) Provide on-site bicycle parking for multi-family residential developments.
i) Increase number of bicycle routes/lanes;
j) Build new homes with internal wiring/cabling that allows telecommuting,
teleconferencing and telelearning to occur simultaneously in at least three
locations throughout the home;
k) Provide pedestrian signalization and signage to improve pedestrian safety; and,
COMMERCIAL
a) Provide on-site bicycle parking. One bicycle parking space for every 10 car
parking spaces is considered appropriate;
b) Provide on-site eating, refrigeration and food vending facilities to reduce
employee lunchtime trips;
c) Provide preferential carpool and vanpool parking spaces;
d) Provide shower and locker facilities to encourage employees to bike and/or
walk to work, typically one shower and three lockers, for those businesses with
C17-22
� O ATTACHMENT
ER 70-08(Addendum to ER 62-05).--
Page
2.05).:Page 6
25 or more full-time employees; and,
e) Increase the building energy efficiency rating by 10% above what is required by
Title 24 requirements. This can be accomplished in a number of ways
(increasing attic, wall, or floor insulation, installing double pane windows, using
efficient interior lighting, etc.).
SITE DESIGN FOR COMMERCIAL COMPONENT
a) Increase street.shade tree planting;
b) Increase shade tree planting in parking lots to reduce evaporative emissions
from parked vehicles;
c) Provide on-site housing for employees;
d) Implement on-site circulation design elements in parking lots to reduce vehicle
queuing and improve the pedestrian environment with designated walkways;
and,
e) Provide pedestrian signalization and signage to improve pedestrian safety.
TRANSPORTATION DEMAND
a) If the project: is located on an established transit route, improve public transit
accessibility by providing a transit turnout with direct pedestrian access to the
project or improve existing transit stop amenities;
b) Provide incentives to employees to carpool/vanpool, take public transportation,
telecommute, walk, bike, etc by implementing the Transportation Choices
Program. The applicant should Contact SLO Regional Rideshare at 541-2277
to receive free consulting services on how to start and maintain a program;
c) Provide Transportation Choices Program information centers on alternative
transportation modes at the site (i.e. a transportation kiosk). Contact SLO
Regional Rideshare for appropriate materials at 541-2277;
d) Install an electric vehicle charging station with both conductive and inductive
charging capabilities;
e) Employ or appoint an Employee Transportation Coordinator;
f) Develop and implement a City-approved Trip Reduction Program;
g) Increase the quality of existing bicycle routes/lanes or add bicycle routes/lanes
which access the project;
h) Encourage tenants to implement compressed work schedules;
i) Encourage tenants to implement a telecommuting program;
j) Encourage tenants to participate in an employee "flash pass" program, which
provides free travel on transit buses; and
k) Encourage tenants to include teleconferencing capabilities, such as web cams
or satellite linkage, which will allow employees to attend meetings remotely
without requiring them to travel out of the area.
12. Initial rough grading operations and vegetation removal shall be conducted prior to,
or after, the typical migratory bird nesting season (March 1 - August 1) to avoid any
potential impact to migratory bird nesting activity. Therefore, initial grading should
i
I
C17-23
ATTACHMENT
ER 70.08(Addendum to ER 62-05)
Page 7
be conducted between the months of August and February.
13. If Measure BI0-1 is infeasible, pre-construction surveys shall be conducted prior to
any initial grading activity and vegetation removal to identify any potential bird
nesting activity, and:
a) If any nest sites of bird species protected under the Migratory Bird Treaty Act
are observed within the vicinity of the project site, then the project shall be
modified and/or delayed as necessary to avoid direct take of the identified
nests, eggs, and/or young; and,
b) If active nest sites of raptors and/or birds species of special concern are
observed within the vicinity of the project site, then CDFG shall be contacted to
establish the appropriate buffer around the nest site. Construction activities in
the buffer zone shall be prohibited until the young have fledged the nest and
achieved independence.
14. Prior to ground disturbance, a focused botanical survey shall be conducted to
determine the presence or absence of special-status plant species which have the
potential to exist onsite, including, but not limited to Obispo Indian Paintbrush,
Jones' Lamp, Adobe Sanicle, and Condon's Tarplant. This survey shall be
scheduled to occur during the appropriate blooming period for the subject plant
species, prior to scheduled site disturbance. If a special-status plant species is
identified within the project site and impacts are unavoidable, the applicant shall
consult with the CDFG and City Natural Resources Manager to determine if a
Sensitive Plant Restoration Plan or other mitigation is necessary.
15. The amount of construction-related disturbance should be limited to the extent
feasible. During construction, the project impact area should be clearly delineated
with high-visibility construction fencing to prevent unnecessary impacts to wetlands
identified onsite. In particular, a 20-foot setback shall be established per top-of-
creek-bank of the existing drainage, pursuant to the City's creek setback ordinance
(see Figure 2-6). Prior to any earth disturbance, exclusionary fencing shall be
erected at the boundaries of all construction areas to avoid equipment and human
intrusion into adjacent habitats. The fencing shall remain in place and be
maintained throughout construction.
16. A qualified historical archaeologist shall conduct a pre-construction phase I survey
to determine potential impacts to cultural resources, including the historic
roundhouse. Additionally, this person shall conduct a crew orientation to inform
project personnel of potential impacts to cultural resources for the project site,
and proper procedures in the event a resource is encountered.
17. A halt-work condition shall be in place during all ground disturbing activities. In the
C17-24
O ATTACHMENT
ER 70.08(Addendum to ER 62-05)
Page 8
event that cultural resources are encountered, all work within the vicinity of the find
should stop. A professional archaeologist shall be retained to assess such finds
and make recommendations.
18. If any human remains are inadvertently uncovered during ground disturbing
activities, all activity shall cease within 25 feet of the burial, and the County Coroner
must be notified, pursuant to Section 7050.5 of California's Health and Safety Code.
If the remains are determined to be Native American, the coroner shall notify the
Native American Heritage Commission, and follow the procedures outlined in the
CEQA Guidelines Section 15064.5(e).
19. Prior to issuance of a Building Permit; the geotechnical study shall be updated so
that the original design recommendations can be reviewed and modified according
to the details of the proposed The Village at Broad project. Ground shaking
hazards to the proposed project cannot be eliminated; however, they will be
reduced through implementation of the following:
a) Cut and fill operations at the project site shall be consistent with all
recommendations included in the updated geotechnical investigation (Converse
1996) and City regulations. Only material recommended and approved by the
geotechnical engineer and approved by the City shall be used;
b) Design and construction of the proposed project shall conform to all relevant
seismic regulations and recommendations made by state-licensed civil,
geotechnical, and structural engineers for the specific project; and,
c) All other recommendations concerning loading, retaining walls, grading and
drainage systems in the geotechnical technical shall be implemented and
updated as needed.
20. Recommended site preparation shall conform to the recommendations of the
updated geotechnical investigation (Converse 1996) with regards to grading,
including removal of vegetation and unsuitable soils/materials and the use of
acceptable fill materials, as approved by the Geotechnical Engineer.
21. In terms of ground settlement, the proposed project shall conform to the updated
geotechnical investigation's recommendations for spread footings as per the
following:
a) Footings should be founded at least 18 inches below the lowest adjacent final
grade and should be at least 18 inches wide, or as specified in the updated
geotechnical investigation.
22. A construction dewatering system shall be implemented as per the updated
geotechnical investigation's recommendations.
23. A permanent underdrain system shall be implemented as per the updated
f
C17-25
ATTACHMEN i
ER 70-08(Addendum to ER 62.05)
Page 9
geotechnical investigation's recommendations.
24. Building floor slabs shall be constructed according to recommendations specified in
the updated geotechnical investigation report.
25. Immediately following construction, all remaining bare areas with exposed soils
shall be planted with grass or appropriate vegetation to promote the natural
stabilization of site soils and reduce soil loss.
26. The applicant shall comply with NPDES General Construction Activities Storm
Water Permit Requirements established by the CWA. Pursuant to the NPDES
Storm Water Program, an application for coverage under the statewide General
Permit shall be obtained for project development. The applicant shall file a Notice
of Intent (NOI) with the SWRCB's Division of Water Quality. The filing shall
describe erosion control and storm water treatment measures to be implemented
during and following construction and provide a schedule for monitoring
performance. These BMPs would serve to control point and non-point source
pollutants in storm water and constitute the project's .SWPPP for construction
activities. The SWPPP will include the following measures:
a) Fill slope-surface stabilization measures, such as temporary mulching, seeding,
and other suitable stabilization measures to protect exposed erodible areas
during construction, and installation of earthen or paved interceptors and
diversion at the top of cut of fill slopes where there is a potential for erosive
surface runoff;
b) Erosion and sedimentation control devices, such as energy absorbing structures
or devices, will be used, as necessary, to reduce the velocity of runoff water to
prevent polluting sedimentation discharges;
c) Installation of mechanical and/or vegetative final erosion control measures within
30 days after completion of grading;
d) Confining land clearing and grading operations to the period between April 15
and October 15 to avoid the rainy season; and,
e) Minimizing the land area disturbed and the period of exposure to the shortest
feasible time.
27. Proposed erosion control will be provided per the erosion control plans. Post-
construction mitigation measures to mitigate onsite drainage impacts shall be
provided by lined drainage ditches, landscaping, and the underground detention
basin with a metering outlet. The existing drainage course, which passes through
the southern portion of the site, conveys drainage from an upstream railroad cross-
culvert to a culvert at the Alphonso Street cul-de-sac. Historic drainage conditions
and amounts shall be maintained.
I
C17-26
\�' ATTACHMENT
ER 70-08(Addendum to ER 62-05)
Page 10
28. Stormwater runoff from all improved areas of a development or redevelopment site
resulting in 930 m2 of impervious surface, shall be treated in accordance with the
BMPs published in the most current addition of the California Stormwater Quality
Association's Best Management Practice Handbook. For the purposes of water
quality design, peak flow BMPs shall be designed to treat the runoff from 28% of the
2 year storm event and volumetric BMPs shall be design to treat the runoff from a
25mm/24-hour storm event.
29. The applicant shall ensure that the construction contractor employs the following
noise reducing measures:
a) Standard construction activities shall be limited to between 7:00 a.m. and 6:00
p.m. Monday through Friday;
b) All equipment shall have sound-control devices no less effective than those
provided by the manufacturer. No equipment shall have un-muffled exhaust
pipes; and,
c) Stationary noise sources shall be located as far from sensitive receptors as
possible, and they shall be muffled and enclosed within temporary sheds, or
insulation barriers or other measures shall be incorporated to the extent
possible.
30. To meet the City's threshold of 60 dB CNEL for exterior sounds levels and 45 dBA
CNEL for interior noise levels in the areas of residential dwellings, the applicant
shall implement the following building materials and methods recommendations
contained in Appendix G, Noise Study:
a) The projected railroad noise impact at the closest building line is projected to be
55 dB CNEL or Ldn (CNEL and Ldn are essentially equivalent). The projected
roadway noise impact by on-site measurement and computer model is as high
as 69.8 dBA CNEL at Building B.
b) The following glazing requirements for the project to meeting the state and City
interior noise criteria of 45 dBA CNEL are summarized below:
1. 1/4-inch glass or any other window with a Sound Transmission Class
(STC) rated 27 windows or greater on all elevations of Buildings A-F on all
floors.
2. Standard Single Strength Glass (SSB) on all other residential windows of
the project.
c) Entry doors should be solid core, filled metal (or equivalent), and must be fully
weather-stripped at all perimeters in noise zones 60 CNEL or higher. All interior
noise levels are specified to be less then 45 CNEL as recognized by the City
noise standards. These recommendations are made with doors and windows
closed. Since windows and doors must be closed to meet the interior noise
standard, mechanical ventilation must be provided which meets the air change
requirements of the UBC in all units.
i
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ER 70-08(Addendum to ER 62-05)
Page 11
31. Prior to issuance of an occupancy permit, a sign shall be posted at the entrance to
the development prohibiting commercial deliveries between the hours of 10 PM and
6 AM.
32. During construction, the following will be implemented:
a) Trucks (delivery, hauling, and transportation trucks) should be scheduled
outside the A.M. and P.M. peak period (7:00 to 9:00 A.M. and 4:00 to 6:00
P.M.);
b) Construction-related traffic shall use on-site roads wherever possible;and,
c) Warning signs should be placed on Broad Street prior to and during
construction to notify through traffic of trucks entering and exiting the site.
33. Santa Barbara / High St. This intersection is forecast to operate at LOS F during
the PM peak hour. The project will add traffic in excess of the City's traffic impact
threshold to this intersection. The addition of exclusive turn lanes on the minor
street and a two way left turn lane on the major street, restores the intersection
operation to LOS C. The recently completed widening of Santa Barbara Street
helps to accommodate these identified improvements.
34. Santa Barbara/ Roundhouse Rd. This intersection is forecast to operate at LOS F
during the PM peak hour. The project will add traffic in excess of the City's traffic
impact threshold to this intersection. The addition of exclusive tum lanes on the
minor street and a two way left turn lane on the major street, restores the
intersection operation to LOS C. The recently completed widening of Santa Barbara
Street helps to accommodate these identified improvements.
35. Broad, Santa Barbara, South Street Intersection and Broad Street Widening. Prior
to final occupancy and subject to the approval of the Public Works Director and
Caltrans, the applicant/developer shall dedicate the necessary right-of way, design,
and construct the improvements to accommodate the following cross-section of
Broad Street (at South Street) from the southwestern curb line: one 5-foot bike
lane, two 11-foot travel lanes, one 3-foot raised median with irrigation and
landscaping, four 11-foot travel lanes, one 4-foot bike lane, and one 12-foot turn
lane. Traffic impact fees credits may be requested for a portion of the
improvements made to the Broad Street frontage in front of Fire Station #1.
36. Broad Street / Woodbridge Rd. This intersection is forecast to operate at LOS F
during the PM peak hour. The project will add traffic in excess of the City's traffic
impact threshold to this intersection. The addition of exclusive tum lanes on the
minor street will not restore the intersection operation to LOS D. This intersection
has been identified by the City as a potential future candidate for a traffic signal for
the purposes of providing a protected pedestrian crossing of Broad Street. Prior to
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ATTACHMENT
ER 70.08(Addendum to ER 62-05)
Page 12
the issuance of building permits, the applicant will be required to pay the project's
fair share toward the design and installation of a future traffic signal at this
intersection as determined by the Public Works Director.
37. Broad Street / Santa Barbara-South Street intersection. Pedestrian Mitigations.
Due to the mixed-use nature of the proposed project, which is in proximity to a
community park and on a safe route to school, the project is anticipated to generate
pedestrian traffic through the signalized intersection at Broad Street and Santa
Barbara-South Street. The existing intersection is substantially skewed, creating
long crossing distances, particularly on the north, south and east legs. This skew
has also necessitated a right turn on red restriction, due to poor visibility between
northbound drivers making a right turn and pedestrians crossing Broad Street at the
south leg of the intersection from west to east.
The applicant shall realign the pedestrian crosswalk on Broad Street to reduce the
pedestrian crossing distance. Additionally, the applicant shall design and install
eight countdown pedestrian indicators. A common problem for pedestrians at
signalized intersections is a lack of understanding of what the pedestrian
indications mean. This lack of understanding can result in pedestrians being stuck
in the crosswalk while opposing traffic has green light and causes other pedestrians
to wait at the curb unnecessarily. Countdown pedestrian indications are designed
to reduce this confusion, by informing pedestrians how much time remains for them
to cross the street. Traffic impact fee credits may be requested for a portion of the
cost of the pedestrian indicators.
38. Broad Street. The applicant shall be responsible for the design and installation of
signage, striping, and raised landscape median improvements on Broad Street
between South and Alphonso Streets. Signing and striping improvements shall be
extended through each intersection to provide the necessary lane transitions.
39. Future Connection to Victoria. It is the City's goal to ultimately provide a vehicle,
pedestrian and bicycle connection from the subject property to Victoria and
Woodbridge Streets as providing this connection will improve the project's
circulation. The applicant will pay a proportional share of the cost of the Victoria
Street connection to Alphonso based on actual frontage of the project property on
the new street, which will be determined in the future when the layout of the street
is designed and the costs of the road improvements are known.
40. Emily/Alphonso Connection. A vehicle, pedestrian and bicycle access connection
and easement shall be maintained from the terminus of Emily Street to Alphonso
Street. Such easement shall be recorded prior to occupancy.
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ER 70-08(Addendum to ER 62-05)
Page 13
41. fraternal Circulation. Private streets and drive aisles shall be designed to comply
with the City's standards.
42. Bus Pullout. The transit pullout on Broad Street shall remain as an interim stop until the
center portion of the site is developed to include a pullout between Buildings F & I (within a
public access easement) with turning radiuses illustrating northbound access from
Alphonso Street and continuing onto westbound Roundhouse. Once the on-site transit
pullout is in use, signing and striping shall be changed so the pull out can be used as a
deceleration lane for motorists entering the northerly driveway.
43. Railroad Safety Trail Connection. Prior to the issuance of a building permit, the
applicant shall submit a site plan and grading design illustrating how an ADA
accessible path can be provided from the subject property to the Railroad Safety
Trail as indicated on project plans.
44. Railroad Crossing. Figure #2 Streets Classification Map in the City of San Luis
Obispo Circulation Element shows a proposed railroad crossing between
Roundhouse Avenue and Bishop Street. Prior to issuance of building permits, the
applicant shall make an irrevocable offer of dedication for a 16-foot easement along
the project's Roundhouse Avenue frontage for future slope bank grading necessary
to accommodate the railroad crossing.
45. Through their review of plans, support materials, and the analysis of staff of the
proposed project, the Planning Commission shall evaluate and make findings to
support a shared and mixed use parking reduction of up to 30% based on a
determination that there are shared facilities and that demand from various uses
will not coincide, consistent with section 17.16.060 C. of the City's Municipal Code.
46. Mitigation that is determined by the Director to be infeasible or unreasonable with
respect to the scale, type, and location of the project, or that can be accomplished
by a functional equivalent included in the project design may be amended, deleted
or modified by the Director to meet the intent of the original measures.
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Mitigation Required by the City
for the Village at Mayrnont Project-
June 19,2006
1. All project and building plans shall show buildings limited to 35 feet in height,per City zoning regulations,to
help preserve the scenic viewsheds surrounding the proposed project site. These regulations allow an
additional 10 feet for certain architectural features. MP-2 is proposed to be 45 feet tall.
2. Prior to issuance of grading and buildings permits for the proposed project, the Architectural Review
Commission (ARC), in consultation with City staff and other reviewing authorities, shall ensure that the
project adheres to the Community Design Guidelines with regards to the Historical Preservation Zone. The
ARC, City staff, and other reviewing authorities shall not approve the project unless the following specific
findings can be made:
a) The project maintains a high quality of craftsmanship in development through use of authentic building
styles,design elements,and materials.
b) The project buildings are clustered to achieve a °village° scale.The various buildings are designed to
create a visual and functional relationship with one another.
c) The project buildings provide a sense of human scale.The project buildings incorporate significant wall
and roof articulation to reduce apparent scale. Roofs are multi-planed to avoid large, monotonous
expanses. Horizontal and vertical wall articulation is expressed through the use of elements, such as
wall offsets,recessed windows and entries,awnings,and second floor setbacks.
d) The project buildings incorporate setbacks at.the ground floor level and/or upper levels(stepped-down)
along street frontages,such that they do not visually dominate the adjacent neighborhood.
e) The project buildings' elements are in proportion. Building designs demonstrate continuity, harmony,
simplicity, rhythm,and balance and are in proportion to one another.
f) The project's internal streets are designed as if they were pleasing public streets,with comprehensive
streetscapes including sidewalks,and planting strips between curb and sidewalk with canopy trees.
g) The project landscaping is planned as an integral part of the overall design and not simply located in
'left over' areas. Landscaping is used to help define outdoor spaces, soften the project structures'
appearance,and to screen parking, loading, storage,and equipment areas
h) Where visual screening at ground level is required(for those portions of the development visible from
Broad Street), the project utilizes a combination of elements as appropriate,such as walls, berms, and
landscaping.
i) The project maintains views of the South Street Hills and the Santa Lucia Foothills to the greatest
extent possible.
3. To minimize impacts to residential development that overlooks the project site,the roofs of proposed project
buildings shall be non-reflective and designed with muted tones in hue to mitigate visual impacts related to
light and glare consistent with standards in the Community Design Guidelines, Section 6.1 C.
4. All outdoor lighting shall be directed downward, consistent with the San Luis Obispo Community
Development Design Guidelines.
5. This measure focuses on reducing ozone formation from project-related ozone precursors, NOx and ROG,
which is also referred to as Volatile Organic Compounds (VOC). The primary source of these emissions
would be ROG released during application of paint to the proposed residential and commercial structures.
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t j
The rate of ozone formation is greatest during periods of clear weather, low winds and high temperatures.
All of the following measures shall be implemented to prevent exceedances of the State 1-hour ozone
standard:
a) Paint emissions shall not exceed the 185 pound per day significance threshold (88 gallons per day
based on 2.08 pounds VOC per gallon);
b) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold (2,403 gallons per
quarter based on 2.08 pounds VOC per gallon);
c) For architectural coatings, APCD regulations limit the VOC content of coating materials used to 100 to
730 grams per liter, depending on the type of coating. Refer to Table 433-1 of Rule 433 of the San
Luis Obispo County APCD Rule Book for a detailed listing of the architectural coatings and associated
VOC limit;and
d) A record of paint use shall be kept during construction so as to show adherence to these mitigations.
The use of pre-coated materials, or naturally colored materials and high transfer efficiency painting
methods (e.g., HVLP, brush/roller, etc.) to the maximum extent feasible would reduce the amount of
paint used and facilitate compliance with the thresholds.
6. The following measures shall be fully implemented during the construction period to reduce PM10 impacts
to a levet of less than significant:
a) Alf disturbed areas, including storage piles, which are not being actively utilized for construction
purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/
suppressant,covered with a tarp or other suitable cover or vegetative ground cover,
b) ,All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust
emissions using water or chemical stabilizer/suppressant;
c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition
activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by
presoaking;
d) When materials are transported off-site, all material shall be covered, or effectively wetted to limit
visible dust emissions,and at least six inches of freeboard space from the top of the container shall be
maintained;
e) All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public
streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where
preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower
devices is expressly forbidden;
f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage
piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or
chemical stabilizer/suppressant;
g) Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the
site and at the end of each workday;and,
h) Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
i) Reduce the amount of the disturbed area where possible;
j) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving
the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non-potable)water should be used whenever possible;
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1 I
k) Permanent dust control measures identified In the approved project revegetation and landscape plans
should be implemented as soon as possible following completion of any soil disturbing activities;
I) Exposed ground areas that are planned to be reworked at dates greater than one month after initial
grading should be sown with a fast germinating ,native grass seed and watered until vegetation is
established;
m) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil
binders,jute netting,or other methods approved in advance by the APCD;
n) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil binders
are used;
o) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
p) All trucks hauling dirt, sand, soil,or other loose materials are to be covered or should maintain at least
two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114;
q) Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and
equipment leaving the site,if track out occurs it should be clean up immediately;and
r) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
7. During construction,the applicant shall implement the following standard construction equipment mitigation
measures for reducing NOx and other combustion emissions (diesel particulate matter): See section 6.3.1
of the Air Quality Handbook:
a) Maintain all construction equipment in proper tune according to manufacturer's specifications;
b) Fuel all off-.road and portable diesel powered equipment with ARS certified motor vehicle diesel fuel
(non-taxed version suitable for use off-road);and,
c) Maximize, to the extent feasible, the use of diesel construction equipment meeting ARS's 1996 and
newer certification standard for off-road,heavy-duty diesel engines;
d) All on and off-road diesel equipment shall not be allowed to idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas to remind drivers and operators of the 5 minute idling limit;
e) In any area where haul or trucks or other construction related truck may be queuing, signs shall be
posted to limit idling and queuing areas should be located away from residential areas and other
sensitive resources;and,
f) Prior to any work beginning, the applicant shall install ten(10)diesel oxidation catalysts (DOC), or two
(2) catalyzed diesel particulate filters (CDPF) on the construction equipment that shall generate the
greatest emissions(i.e.,loader loading soil for off-site transport).
8. The applicant shall only install APCD-approved wood-burning devices in the new dwelling units consistent
with APCD Rule 504. These devices include:
a) All EPA-Certified Phase II wood burning devices;
b) Catalytic wood-buming devices which emit less than or equal to 4.1 grams per hour of particulate
matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;
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G ATTACHMENT
c) Non-catalytic wood•buming devices which emit less than or equal to 7.5 grams per hour of particulate
matter which are not EPA-Certified but have been verif led by a nationally-recognized testing lab;
d) Pellet-fueled woodheaters;and,
e) Dedicated gas-fired fireplaces.
9. As part of subsequent permitting for the proposed project, the APCD may require the project proponent to
complete a screening-level health risk assessment to determine potential health risks to residents of the
proposed project. Depending on the results of the screening level health risk assessment, a more
comprehensive analysis may be required. Recommendations/requirements resulting from these analyses
shall be implemented by the project proponent.
10. If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated, this
project may be subject to various regulatory jurisdictions, including the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants(40CFR61,Subpart M—asbestos NESHAP). The
requirements include, but are not limited to: (1)notification requirements to the District, (2)asbestos survey
conducted by a Certified Asbestos Inspector, and (3) applicable removal and disposal requirements of
identified ACM
11. Prior to any grading activities at the site, the project proponent shall update the existing geotechnical
investigation to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be
disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at
the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include
development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval
by the APCD
12. The applicant shall work with the APCD to secure all necessary permits that may be required to address
site clean up issues
13. To reduce NOX, PM10, and ROG emissions during operation of the project, the project proponent shall
implement the following,where applicable or feasible:
RESIDENTIAL
a) Link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle travel;
b) Include traffic calming modifications to project roads, such as narrower streets, speed platforms,bulb-outs
and intersection modifications designed to reduce vehicle speeds, thus encouraging pedestrian and bicycle
travel;
c) Include easements or land dedications for bikeways and pedestrian walkways;
d) Provide continuous sidewalks separated from the roadway by landscaping and on-street parking.Adequate
lighting for sidewalks must be provided,along with crosswalks at intersections;
e) If the project is located on an established transit route, improve public transit accessibility by providing
transit turnouts with direct pedestrian access to the project;
f) Increase street shade tree planting;
g) Provide outdoor electrical outlets to encourage the use of electric appliances and tools;
h) Provide on-site bicycle parking for multi-family residential developments.
i) Increase number of bicycle routes/lanes;
j) Build new homes with internal wiring/cabling that allows telecommuting, teleconferencing and telelearning
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ATTACHMENT
to occur simultaneously in at least three locations throughout the home;
k) Provide pedestrian signalization and signage to improve pedestrian safety;and,
1) Locate a crosswalk with an on demand pedestrian signal on Broad Street between Funston Avenue and
Caudill Street or construct pedestrian islands in the median of Broad Street, from the intersection with
South Street up to Caudill Street.
COMMERCIAL
a) Provide on-site bicycle parking. One bicycle parking space for every 10 car parking spaces is considered
appropriate;
b) Provide on-site eating, refrigeration and food vending facilities to reduce employee lunchtime trips;
c) Provide preferential carpool and vanpool parking spaces;
d) Provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one
shower and three lockers for every 25 employees;and,
e) Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements.This
can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane
windows,using efficient interior lighting,etc.)..
SITE DESIGN MITIGATION FOR THIS COMMERCIAL PROJECT
a) increase street shade tree planting;
b) increase shade tree planting in parking lots to reduce evaporative emissions from parked vehicles;
c) Provide on-site banking(ATM)and postal services;
d) Provide on-site child care facilities for employees;
e) Provide on-site housing for employees;
f) Implement on-site circulation design elements in parking lots to reduce vehicle queuing and improve the
pedestrian environment with designated walkways;and,
g) Provide pedestrian signafization and signage to improve pedestrian safety.
TRANSPORTATION DEMAND MITIGATION
a) If the project is located on an established transit route, improve public transit accessibility by providing a
transit turnout with direct pedestrian access to the project or improve existing transit stop amenities;
b) Provide incentives to employees to carpool/vanpool,take public transportation,telecommute,walk,bike,etc
by implementing the Transportation Choices Program. The applicant should Contact SLO Regional
Rideshare at 541-2277 to receive free consulting services on how to start and maintain a program;
c) Provide Transportation Choices Program information centers on alternative transportation modes at the site
(i.e. a transportation kiosk).Contact SLO Regional Rideshare for appropriatematerialsat 541-2277;
d) Install an electric vehicle charging station with both conductive and inductive charging capabilities;
e) Employ or appoint an Employee Transportation Coordinator;
f) Implement an APCD approved Trip Reduction Program;
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ATTACHMENT
g) Provide for shuttle/mini bus service;
h) Increase the quality of existing bicycle routes/lanes or add bicycle routes/Ianes which access the
project;
i) Implement compressed work schedules;
j) Implement atelecommuting program;
k) Implement a lunch-time shuttle to reduce single occupant vehicle trips;
1) Participate in an employee"flash pass"program,which provides free travel on transit buses;
m) Include teleconferencing capabilities,such as web cams or satellite linkage,which will allow employees
to attend meetings remotely without requiring them to travel out of the area;and,
n) If the development is a large grocery store or large retail facility, provide home delivery service for
customers.
14. Initial rough grading operations and vegetation removal shall be conducted prior to, or after, the typical
migratory bird nesting season (March 1 - August 1) to avoid any potential impact to migratory bird nesting
activity. Therefore, initial grading should be conducted between the months of August and February.
15. If Measure BIO-1 is infeasible, pre-construction surveys shall be conducted prior to any initial grading
activity and vegetation removal to identify any potential bird nesting activity,and:
a) If any nest sites of bird species protected under the Migratory Bird Treaty Act are observed within the-
vicinity of the project site, then the project shall be modified and/or delayed as necessary to avoid
direct take of the identified nests, eggs,and/or young;and,
b) If active nest sites of raptors and/or birds species of special concern are observed within the vicinity of
the project site, then CDFG shall be contacted to establish the appropriate buffer around the nest site.
Construction activities in the buffer zone shall be prohibited until the young have fledged the nest and
achieved independence.
16. Prior to ground disturbance, a focused botanical survey shall be conducted to determine the presence or
absence of special-status plant species which have the potential to exist onsite,including,but not limited to
Obispo Indian Paintbrush, Jones' tamp, Adobe Sanicie, and Condon's Tarpiant. This survey shall be
scheduled to occur during the appropriate blooming period for the subject plant species,prior to scheduled
site disturbance. If a special-status plant species is identified within the project site and impacts are
unavoidable,the applicant shall consult with the CDFG and City Natural Resources Manager to determine if
a Sensitive Plant Restoration Plan or other mitigation is necessary.
17. The amount of construction-related disturbance should be limited to the extent feasible. During
construction, the project impact area should be clearly delineated with high-visibility construction fencing to
prevent unnecessary impacts to wetlands identified onsite. In particular, a 20-foot setback shall be
established per top-of-creek-bank of the existing drainage, pursuant to the City's creek setback ordinance
(see Figure 2-6). Prior to any earth disturbance,exclusionary fencing shall be erected at the boundaries of
all construction areas to avoid equipment and human intrusion into adjacent habitats. The fencing shall
remain in place and be maintained throughout construction.
18. A qualified historical archaeologist shall conduct a pre-construction phase I survey to determine potential
impacts to cultural resources, including the historic roundhouse. Additionally, this person shall conduct a
crew orientation to inform project personnel of potential impacts to cultural resources for the project site,
and proper procedures in the event a resource is encountered.
19. A halt-work condition shall be in place during all.ground disturbing activities. in the event that cultural
resources are encountered, all work within the vicinity of the find should stop. A professional archaeologist
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shall be retained to assess such finds and make recommendations.
20. If any human remains are inadvertently uncovered during ground disturbing activities,all activity shall cease
within 25 feet of the burial, and the County Coroner must be notified, pursuant to Section 7050.5 of
California's Health and Safety Code. If the remains are determined to be Native American, the coroner
shall notify the Native American Heritage Commission, and follow the procedures outlined in the CEOA
Guidelines Section 15064.5(e).
21. Prior to issuance of a Building Permit,the geotechnical study shall be updated so that the original design
recommendations can be reviewed and modified according to the details of the proposed The Village at
Maymont project. Ground shaking hazards to the proposed project cannot be eliminated;however,they will
be reduced through implementation of the following:
a) Cut and fill operations at the project site shall be consistent with all recommendations included in the
updated geotechnical investigation(Converse 1996)and City regulations. Only material recommended
and approved by the geotechnical engineer and approved by the City shall be used;
b) Design and construction of the proposed project shall conform to all relevant seismic regulations and
recommendations made by state-licensed civil, geotechnical, and structural engineers for the specific
project;and,
c) All other recommendations concerning loading, retaining walls, grading and drainage systems in the
geotechnical technical shall be implemented and updated as needed.
22. Recommended site preparation shall conform to the recommendations of .the updated geotechnical
investigation (Converse 1996) with regards to grading, including removal of vegetation and unsuitable
soils/materials and the use of acceptable fill materials,as approved by the Geotechnical Engineer.
23. In terms of ground settlement, the proposed project shall conform to the updated geotechnical
investigation's recommendations for spread footings as per the following:
a) Footings should be founded at least 18 inches below the lowest adjacent final grade and should be at
least 18 inches wide,or as specified in the updated geotechnical investigation.
24. A construction dewatering system shall be implemented as per the updated geotechnical investigation's
recommendations.
25. A permanent underdrain system shall be implemented as per the updated geotechnical investigation's
recommendations.
25. Building floor slabs shall be constructed according to recommendations specified in the updated
geotechnical investigation report.
27. Immediately following construction, all remaining bare areas with exposed soils shall be planted with grass
or appropriate vegetation.to promote the natural stabilization of site soils and reduce soil loss.
28. To minimize impacts,hazardous materials remediation shall be completed in accordance with the approved
FS/RAP,as follows:
a) Excavation of Lead, TPH, and VOC-impacted soils that contain constituents at concentrations that
exceed cleanup criteria;
b) Transportation and disposal and Lead-impacted soil to a permitted disposal facility;
c) Stockpile and onsite treatment of the excavated TPH and VOC-impacted soil via above-ground vapor
extraction;
d) Transportation of the TPH-impacted soil exceeding the concentration level of 100 milligrams per
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• 1
kilogram (mg/kg) for gasoline range and 1000 mg/kg for diesel and crude oil range to a permitted
recycling facility;
e) Onsite treatment of the extracted groundwater from excavation pits via activated carbon canister and
disposal of the treated water to sewer system under an approved permit by the City of San Luis Obispo
Sanitation Department;
f) Import of soils for backfill of the excavation;
g) Compaction and grading of the site to desired finished grade;
h) Repavement of the site;and
i) Performing annual monitoring of the groundwater monitoring wells onsite and offsite of the property.
29. The applicant shall comply with NPDES General Construction Activities Storm Water Permit Requirements
established by the CWA. Pursuant to the NPDES Storm Water Program,an application for coverage under
the statewide General Permit shall be obtained for project development. The applicant shall file a Notice of
Intent (NOI) with the SWRCB's Division of Water Quality. The filing shall describe erosion control and
storm water treatment measures to be implemented during and following construction and provide a
schedule for monitoring performance. These BMPs would serve to control point and non-point source
pollutants in storm water and constitute the project's SWPPP for construction activities. The SWPPP will
include the following measures:
a) Fill slope-surface stabilization measures, such as temporary mulching, seeding, and other suitable
stabilization measures to protect exposed erodible areas during construction, and installation of
earthen or paved interceptors and diversion at the top of cut of fill slopes where there is a potential for
erosive surface runoff;
b) Erosion and sedimentation control devices, such as energy absorbing structures or devices, will be
used, as necessary, to reduce the velocity of runoff water to prevent polluting sedimentation
discharges;
c) Installation of mechanical and/or vegetative final erosion control measures within 30 days after
completion of grading;
d) Confining land clearing and grading operations to the period between April 15 and October 15 to avoid
the rainy season;and,
e) Minimizing the land area disturbed and the period of exposure to the shortest feasible time.
30. Proposed erosion control will be provided per the erosion control plans. Post-construction mitigation
measures to mitigate onsite drainage impacts.shall be provided by lined drainage ditches,landscaping, and
the underground detention basin with a metering outlet. The existing drainage course, which passes
through the southern portion of the site, conveys drainage from an upstream railroad cross-culvert to a
culvert at the Alphonso Street cul-de-sac. Historic drainage conditions and amounts shall be maintained.
31. Stormwater runoff from all improved areas of a development or,redevelopment site resulting in 930 m2 of
impervious surface, shall be treated in accordance with the BMPs published in the most current addition of
the California Stormwater Quality Association's Best Management Practice Handbook. For the purposes of
water quality design, peak flow BMPs shall be designed to treat the runoff from 28% of the 2 year storm
event and volumetric BMPs shall be design to treat the runoff from a 25mm/24-hour storm event.
32. The applicant shall ensure that the construction contractor employs the following noise reducing measures:
a) Standard construction activities shall be limited to between 7:00 a.m. and 6:00 p.m. Monday through
Friday;
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b) All equipment shall have sound-control devices no less effective than those provided by the
manufacturer. No equipment shall have un-muffled exhaust pipes;and,
c) Stationary noise sources shall be located as far from sensitive receptors as possible,and they shall be
muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be
incorporated to the extent possible.
33. To meet the City's threshold of 60 dB CNEL for exterior sounds levels and 45 dBA CNEL for interior noise
levels in the areas of residential dwellings, the applicant shalt implement the following building materials
and methods recommendations contained in Appendix G,Noise Study:
I a) The projected roadway noise by on-site measurement and computer models is high as 71.2 dBA CNEL at
Buildings TCI and TC2. No common areas are near these buildings that are indicated on the plans. No
patios,balconies,or decks for noise sensitive uses as defined by the City's Noise Element shall be allowed
on Buildings TC1 and TC2 on the west elevations facing Broad Street.
b) The following glazing requirements for the project to meeting the state and City interior noise criteria of 45
4 dBA CNEL are summarized below:
1. 1/4-inch glass or any other window with a Sound Transmission Class (STC) rated 27 windows or
greater on the west elevations of Buildings TC1 and TC2 on all floors.
2. 3/16-inch glass or any other window with an STC rating of 25 or greater-on the north and south
elevations of Buildings TC1 and TC2 on all floors.
3. Standard Single Strength Glass(SSB)on all other windows of the project.
c) Entry doors should be solid core,filled metal (or equivalent), and must be fully weather-stripped at all peri-
meters in noise zones 60 CNEL or higher. Since windows and doors must be closed to meet the interior
noise requirements, mechanical ventilation must be provided which meets the air change requirements of
the UBC in all units.
34. Prior to issuance of an occupancy permit, a sign shall be posted at the entrance to the development
prohibiting commercial deliveries between the hours of 10 PM and 6 AM.
35. During construction,the following will be implemented:
a) Trucks (delivery, hauling, and transportation trucks) should be scheduled outside the A.M. and P.M. peak
period(7:00 to 9:00 A.M.and 4:0010 6;00 P.M.);
b) Construction-related traffic shall use on-site roads wherever possible;and,
c) Warning signs should be placed on Broad Street prior to and during construction to notify through traffic of
trucks entering and exiting the site.
36. Santa Barbara/High St. This intersection is forecast to operate at LOS F during the PM peak.hour. The
project will add traffic in excess of the City's traffic impact threshold to this intersection. The addition of
exclusive turn lanes on the minor street and a two way left turn lane on the major street, restores the
intersection operation to LOS C.This would require removal of on-street parking and/or widening of Santa
Barbara Street. The City has identified such a project in their TIF program. Prior to construction, the
applicant shall pay its traffic impact fees toward this future mitigation.
37. Santa Barbara / Roundhouse Rd. This intersection is forecast to operate at LOS F during the PM peak
hour. The project will add traffic in excess of the City's traffic impact threshold to this intersection. The
addition of exclusive tum lanes on the minor street and a two way left tum lane on the major street, restores
the intersection operation to LOS C. This would require removal of on-street parking and/or widening of
Santa Barbara Street.The City has identified such a project in their TIF program. Prior to construction,the
applicant shall pay its traffic impact fees toward this future mitigation.
F
C17-39
ATTACHMENT
standards on the site's Broad Street frontage.All transit improvements shall be installed prior to occupancy
clearance.
48. Maymont Place Aisle. Parking for vehicles entering Maymont Place shall be set back 50-60 feet to reduce
the potential of vehicles stacking out onto Broad Street or blocking pedestrian access while waiting for a
vehicle to back out of the end parking space.
49. Railroad Safety Trail Connection. Prior to the issuance of a building permit,the applicant shall submit a site
pian and grading design illustrating how an ADA accessible path can be provided from the subject property
to the.Railroad Safety Trail as indicated on project plans.
50. Railroad Crossing. Figure#2 Streets Classification Map in the City of San Luis Obispo Circulation Element
shows a proposed railroad crossing between Roundhouse Avenue and Bishop Street. Prior to issuance of
building permits; the applicant shall make an irrevocable offer of dedication for a 16-foot easement along
the project's Roundhouse Avenue frontage for future slope bank grading necessary to accommodate the
railroad crossing.
51. Prior to issuance of grading,and buildings permits for the proposed project, the Planning Commission, in
consultation with City staff and other reviewing authorities, shall ensure that during maximum parking of the
project, demand from various uses will not coincide, consistent with section 17.16.060 of the City's
Municipal Code.
53. Mitigation that is determined by the Director to be infeasible or unreasonable with respect to the scale,type,
and location of the project, or that can be accomplished by a functional equivalent included in the project
design may be amended,deleted or modified by the Director to meet the intent of the original measures.
i
_. . . 17-40
�-� ATTACHMENT
Exhibit C
Description of Broad Street Traffic Improvements
C17-41
t r) ATTACHMENT
Broad Street Improvements
• Traffic signal system upgrade to current standards at the intersection of Broad
and South.
• Addition of advance Fire Station warning devices to the traffic signal system and
on Broad Street.
• Installation of.a second westbound left turn lane and extension of the existing
westbound left turn lane at Broad and South intersection.
• Median improvements and landscaping on Broad Street.
• Roadway improvements and paving on Broad Street.
• Utility and drainage improvements on Broad Street.
• Sidewalk and related improvements on Broad Street.
C17-42
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C17-48
Exhibit E
ATTACHMENT
Street Improvement Completion Process
The Parties agree that the Street Improvement Project will be deemed to have been completed after the
following steps have been completed.
1. Developer Notification to City. At such time as Developer believes it has completed the Street
Improvement Project in accordance with the Approved Plans(and any City-approved modifications thereto),
Developer shall request that City inspect the completed improvements in accordance with City procedures
(the"First Inspection Request").
2. City Inspection. Within five(5)business days of City's receipt of the First Inspection Request,
City shall conduct an inspection of the completed work. Within five(5)business days of completion of the
inspection, City shall deliver to the Developer Party listed in Paragraph 8.d either(a)a punch list("Punch
List")of items that must be performed ("Punch List Work") before the City considers the work to have been
completed to a condition ready for final City acceptance, or(b)a letter confirming that the Street
Improvements have been completed to City's satisfaction ("Completion Confirmation Letter"). The Punch
List or Completion Confirmation Letter, as the case may be, shall also be sent to City's Director of Public
Works ("Director").
3. Punch List Repairs. In the event that City provides Developer with a Punch List, Developer shall
either meet with City staff to resolve any questions or differences of opinion regarding any matters that
Developer believes have been promptly completed, and/or promptly and diligently complete the Punch List
Work. After completion of any such discussions and completion of any required Punch List Work,
Developer shall request that City inspect the completed Punch List Work. City shall then inspect the Punch
List Work in accordance with the procedures specified in Step 2 above. Upon completion of such process,
City shall deliver to the Developer Party listed in Paragraph 8.d either(a)a second Punch List of correction
items, or(b)the Completion Confirmation Letter. The parties agree that the foregoing process shall be
continued until City issues the Completion Confirmation Letter.
4. City Acceptance. Within five(5) business days of Director's receipt of the Completion
Confirmation Letter, Director shall sign and date the bottom of the letter confirming City's approval of the
work and deliver a copy of same to the Developer Party listed in Paragraph 8.d. Pursuant to Paragraph 3,
the Street Improvement Project shall be deemed to have been "completed"on the date of Director's signature
on the Completion Confirmation Letter.
2
C17-49