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HomeMy WebLinkAbout03-19-2013 c2 final map 392 pradoj counci l agenea RepoRt C I T Y O F S A N L U I S O B I S P O FROM : Daryl Grigsby, Director of Public Works Prepared By :Hal Hannula, Supervising Civil Enginee r Diane Dostalek, Engineering Consultan t SUBJECT :APPROVAL OF THE FINAL MAP FOR TRACT 2342, 392 PRADO (TR 63-05 ) RECOMMENDATION Adopt a resolution approving the Final Map for Tract 2342, 392 Prado, and authorizing the Mayor t o execute the Subdivision Agreement on behalf of the City . DISCUSSION Backgroun d This item was continued from the April 17, 2012, City Council meeting, at the request of th e subdivider, in order to work with City Staff regarding reimbursement for costs associated with th e construction of a portion of Prado Road . The reimbursement agreement was approved by the Cit y Council on February 19, 2013, by Council Resolution No . 10424 (2013 Series). • This subdivision is the first of three subdivisions, collectively referred to as the "Western Enclave " in the Margarita Area Specific Plan (MASP), to request final map approval . The three subdivision s are Tract 2342 at 392 Prado Road (formerly owned by French/Cowan, now owned by Rescal LLC .), Tract 2353 at 408 Prado Road (formerly owned by Deblauw, now owned by Rescal LLC .), an d Tract 2428 at 3000 Calle Malva (owned by John King). See Attachment 1 for vicinity map . A vesting tentative map for Tract 2342 (TR 63-05) was approved by City Council on March 7 , 2006, by Resolution No . 9776 (2006 Series) (Attachment 2) and the conditions were revised b y Council on February 19, 2013, by Council Resolution No . 10423 (2013 Series) (Attachment 3). Th e vesting tentative map (Attachment 4) approved the creation of 66 developable lots for residentia l and commercial purposes, plus one private open space lot for drainage purposes . The 6 6 developable lots consisted of 41 single-family residential lots, 15 mixed-use lots, and 10 lots fo r business park purposes . The subdivider has revised the configuration of the lots on the final map from what was shown o n the original approved tentative map . A private alley on the north side of the subdivision connectin g Calle Malva and Calle Jazmin was eliminated and the 15 mixed-use lots were converted t o single-family residential lots . These modifications to the tentative map were approved by the Community Development Director in September 2011 pursuant to Section 16 .10 .160 of th e Municipal Code . More recently, the original ten business park lots have been reduced to seven lot s to allow for more efficient development on the lots without impacting the amount of business par k floor space that could be developed on these lots . The developable lots shown on the final map no w consist of 56 single-family residential lots and seven business park lots . C2-1 'Meeting Date March 19, 201 3 [Item Number C2 Approval of the Final Map for Tract 2342, 392 Prado (TR 63-05)Page 2 •Approving the Final Ma p The tentative map has an initial 2-year life per Municipal Code Section 16 .10 .150 . That, together with a time extension granted by the City for this map, plus the automatic extensions granted by th e State Legislature per Sections 66452 .21, 66452 .22, and Section 66452 .23 of the Subdivision Map Act, gives this vesting tentative map an expiration date of March 7, 2014 . The final map is ready to be approved and recorded . Section 66474 .1 of the Subdivision Map Ac t states that "a Legislative body shall not deny approval of a final or parcel map if it has previousl y approved a tentative map for the proposed subdivision and if it finds that the final or parcel map i s in substantial compliance with the previously approved tentative map ." The approval of a final map is considered a ministerial action . Pursuant to Section 16 .14 .080 of the Municipal Code, the Publi c Works Director has determined that the final map is in substantial compliance with the tentativ e map and approved modifications thereof . Appropriate securities have been submitted to guarantee completion of the required subdivisio n improvements as shown in the Subdivision Agreement (Attachment 5). The resolution approvin g the final map (Attachment 6) also authorizes the Mayor to sign the Subdivision Agreemen t requiring the Subdivider to complete the subdivision improvements . CONCURRENCE S The Community Development Department concurs with the recommended action . FISCAL IMPAC T There is no significant financial impact to the City associated with approving the final map fo r Tract 2342 . However, the public improvements that will be constructed with this proposed subdivisio n will result in a moderate increase in maintenance costs for the public streets, water lines, sewer lines , street lights, and drainage facilities, upon acceptance of the improvements by the City . Cumulativ e increases in infrastructure eventually require additional resources to maintain . When required, thes e additional resources would be requested as part of the Financial Plan process, consistent with Cit y policy. The fiscal impacts to be incurred by the City for construction of Prado Road are addressed i n the Staff Report for the Reimbursement Agreement, which was approved by City Council on Februar y 19, 2012 . The approved plans include the private maintenance of the Prado Road median landscaping, includin g water billing. The subdivider has requested that the City evaluate whether land based financing such a s a facilities maintenance district or a lighting and landscaping district might be feasible for fundin g maintenance of portions of the Prado Road infrastructure . The Council may review this proposal in th e coming months for policy direction . The management of this item will be resolved prior to the futur e acceptance of the public improvements by the City Council and has no bearing on the action regardin g the final tract map that is before you for consideration tonight . ALTERNATIVE S Deny approval of the final map .Denying approval of the final map can apply if findings are mad e that the requirements or conditions of the tentative map have not been met or performed • C2-2 Approval of the Final Map for Tract 2342,392 Prado (TR 63-05)Page3 • (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not i n substantial compliance with the previously approved tentative map (Section 66474 .1 of the Subdivision Map Act). Because the final map is in substantial compliance with the tentative ma p and all of the conditions of the map will be met or securities deposited prior to map recordation , Sections 66474 .1 and 66473 of the Subdivision Map Act require that City Council approve the map . Therefore, denying approval of the final map is not a possible alternativ e ATTACHMENT S 1.Vicinity Ma p 2.Resolution No . 9776 (2006 Series) 3.Resolution No . 10423 (2013 Series ) 4.Vesting Tentative Map 5.Subdivision Agreemen t 6.Draft Resolution and Exhibit T :\Council Agenda Reports\2013\2013-03-19\Final Map Approval Tract 2342 (Grigsby-Hannula-Dostalek)\E-Council Agenda Report .docx • C2-3 Attachment 2 • RESOLUTION NO . 9776 (2006 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING A VESTING TENTATIVE TRACT MAP AND MITIGATED NEGATIV E DECLARATION FOR PROPERTY LOCATED AT 392 PRADO ROA D (TRIER 63-05 ; TRACT NO . 2342) WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on January 25, 2006, and recommended approval of Application TRIER 63-05,a request to subdivide an approximately 15-acre site into 67 lots ; and WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 7 , 2006, for the purpose of considering Application TRIER 63-05 ; and WHEREAS,notices of said public hearings were made at the time and in the manne r required by law ; an d WHEREAS,the City Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project ; an d •WHEREAS,the City Council has duly considered all evidence, including th e recommendation of the Planning Commission, testimony of interested parties, and the evaluatio n and recommendations of staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings.Based upon all the evidence, the City Council makes th e following findings: 1.The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significan t trees), will incrementally add to the City's residential housing inventory, result in parcels tha t meet density standards, and will be consistent with the density and lot sizes established by th e Margarita Area Specific Plan . 2.The site is physically suited for the proposed type of development allowed in the R-1-SP, R - 2-SP, and O-SP zones . 3.The design of the subdivision will not conflict with easements for access through (or use o f property within) the proposed subdivision . R 9776 C2-5 • Resolution No . 9776 (2006 Series ) Page 2 4.The subdivision will not have a significant adverse impact on the environment, subject to th e mitigation measures of the Final Environmental Impact Report (EIR) certified by the Cit y Council on October 12, 2004 being incorporated into the project, the mitigation monitorin g program adopted with said EIR approval being followed and mitigation measure s recommended herein . 5.A Mitigated Negative Declaration was prepared by the Community Development Departmen t on January 9, 2006 . The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmenta l impacts of the proposed project. SECTION 2 .Environmental Review .The City Council finds and determines that th e project's Mitigated Negative Declaration adequately addresses the potential significan t environmental impacts of the proposed project, and reflects the independent judgment of the Cit y Council . The Council hereby adopts said Mitigated Negative Declaration and incorporates th e following mitigation measures and monitoring programs into the project: Mitigation Measures : Reduction of Light and Glar e 1 . In order for MASP/AASP ER Mitigation Measure LU-7 .1 as implemented by the MAS P to be carried through to lot-specific development stage, a lighting plan that demonstrate s compliance with Community Design Section 3 .3 Lighting requirements of the MAS P shall be submitted with other required plans for both the residential and commercia l components of the project to the review and approval of the Architectural Revie w Commission (ARC). The lighting plan shall propose specific measures to limit th e amount of light trespass associated with development within the project area includin g shielding and/or directional lighting methods to ensure that spillover light does no t exceed 0.5 foot-candles at adjacent property lines . â Monitoring Program : The ARC will review development plans for both the residentia l and commercial components of the project . City staff, including Planning and othe r departments, will review plans to assure that all of the ARC's requirements related t o lighting and compliant with the MASP provisions have been incorporated into workin g drawings . City building inspectors will be responsible for assuring that all lighting i s installed pursuant to the approved lighting plan . C2-6 •Resolution No . 9776 (2006 Series ) Page 3 Preparation and Implementation of "Comprehensive Biological Mitigation Program " 2 .Mitigation for wetland impacts.Mitigation for wetland impacts will be through a combination of on- and off-site mitigation, approved by the City, the DFG and th e Army Corps of Engineers . Further, in compliance with the MASP/AASP EIR, th e subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated b y the MASP for "Open Space-Riparian" for the express purposes of achieving some o f the necessary wetlands replacement mitigation area, as well as preservation of relate d biological habitat benefits . 3 .Mitigationfor Impacts to Sensitive Species .None of these species are expected to be difficult to establish . City staff will work with the project sponsors in developing th e details of the effort. Congdon Tarplant. Create compensating habitat in a suitable off-site location approve d by the City. 4.Mitigation for Impacts to Other Nesting Birds .Undertake surveys prior to initiation o f construction activities ; avoid construction activities within 100 feet of active nest sites , or within 300 feet for raptor nests, until after young have fledged . 5.Off Site Mitigation for Wetland Impacts .A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminen t domain) lands outside the bounds of the Western Enclave (designated by the MASP a s "Open Space-Riparian" lands). The targeted property (lying south of Prado Road an d owned by Unocal) is a low lying area that already naturally collects some area run-of f and provides valuable habitat for certain special concern and R-T-E (rare, threatened , and endangered) species, and thus is beneficial to retain in its natural state . Pre - development tun-off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south o f Prado Road . The Western Enclave applicants propose to acquire this off-site propert y designated for open space use by the MASP and utilize it beneficially for biologica l mitigation as well as a detention basin for pre- and post-Western Enclave developmen t generated run-off. It is proposed that this basin be enhanced to accommodate th e greater project-generated and pm-project run-off flows, and to increase its habitat valu e in the long term . The basin is proposed to be held and maintained by a Master Hom e Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. a . Monitoring Program : Prior to approval of the final map, the applicant shall contact th e City Natural Resource Manager for review and approval of the final lot and stree t • • C2-7 Resolution No . 9776 (2006 Series)•Page 4 design to assure that on-site natural resources are protected and preserved to the greates t extent required by the mitigation measures and consistent with requirements of th e MASP and MASP/AASP EIR . Said design shall also be consistent with approval s required subsequent to this Tentative Map from State Dept . of Fish and Game an d Army Corps of Engineers . Prior to any site preparation or construction activities, th e applicant shall also initiate and complete for approval by the City pre-constructio n surveys for nesting birds and adhere to performance standard specified in th e mitigation . Provisions for required off-site mitigation shall be coordinated with an d approved by the City Natural Resource Manager prior to recordation of the Final Map . Periodic field inspections by City Staff during construction will be necessary to assur e site development conforms to mitigation measures and conditions of approval . Preparation and Implementation of "Traffic Reduction Program " 6.In order for MASP/AASP EIR Mitigation Measure T-2 .1 adopted with the certificatio n of the MASP/AASP EIR in conjunction with the approval of the AASP in August, 200 5 (Ref. City Council Resolution No . 9726, 2005 Series) to be brought forward to this sit e specific project stage, a transportation demand management program that demonstrate s reduction of peak period travel by single-occupant vehicles shall be required of an y employer within the subdivision with 25 or more employees . Said program shall • incorporate all reasonably feasible measures or techniques, including those listed in th e MASP/AASP EIR/General Plan Circulation, that encourage alternate modes other tha n single-occupant vehicles as the primary mode of transportation to the workplace and t o travel during non-peak times . â Monitoring Program : Each business owner, upon employment of 25 or mor e employees, shall immediately prepare and submit, obtain approval from the City Publi c Works Director and implement the provisions of a Traffic Reduction Plan whic h demonstrates reduction of peak period travel consistent with requirements of the Cit y General Plan Circulation Element Policies and Programs . City Staff shall periodicall y inspect the business to observe and assure that reduction techniques approved by th e City are in place and adhered to by the business . Staff shall take any corrective or enforcement actions authorized by law to achieve compliance . Preparation and Implementation of a "Construction-Related Hazardous Material s Management Plan" 7.As stipulated in the MASP/AASP SIR, this would be a plan identifying, when they ar e known, site/development-specific construction activities that will involve the hazardou s materials . The plan shall be prepared before construction activities begin that involv e hazardous materials and shall discuss proper handling and disposal of materials used o r produced onsite, such as petroleum products, concrete, and sanitary waste . The plan •Resolution No . 9776 (2006 Series) Page 5 will also outline a specific protocol to identify health risks associated with the presenc e of chemical compounds in the soil and/or groundwater and identify specific protectiv e measures to be followed by the workers entering the work area . If the presence o f hazardous materials is suspected or encountered during construction-related activities , the project proponent will cause Mitigation Measure HAZ-1 .2 to be activated . Mitigation Measure HAZ-1 .2 states : "The project proponent will complete a Phase I environmental site assessment for eac h proposed public facility (e .g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within o r adjacent to the road or utility alignments, a Phase II site assessment will be completed . The following Phase II environmental site assessments will be prepared specific to soi l and/or groundwater contamination . a.Soil Contamination.For soil contamination, the Phase II site assessment wil l include soil sampling and analysis for anticipated contaminating substances . If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize an d possibly remove contaminated soil will be prepared, submitted and approved . b.Groundwater Contamination .For groundwater contamination, the Phase 1 I assessment may include monitoring well installation, groundwater sampling, an d analysis for anticipated contaminating substances. If groundwater contaminate d by potentially hazardous materials is expected to be extracted during dewatering , the SLOFD and the Central Coast RWQCB will be notified. A contingency pla n to dispose of contaminated groundwater will be developed in agreement with th e SLOFD and Central Coast RWQCB . â Monitoring Program : The "Construction-Related Hazardous Materials Managemen t Plan" will be required to be submitted to the City Community Developmen t Department and Fire Department for review prior to commencement of any sit e preparation or construction work involving hazardous materials . No site preparation o r construction work may commence before said plan has been approved by the City . An y site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fir e Department . Preparation and Implementation of an "Operations-Related Hazardous Material s Management Plan " 8 . As stipulated in the MASPIAASP EM, this would be a plan prepared by a projec t proponent identifying hazardous materials management practices as might be required • • Resolution No . 9776 (2006 Series) Page 6 by state and local laws and regulations regarding delivery, use, manufacture, an d storage of any such regulated materials might be present on site for any operations - related activities . This plan would identify the proper handling and disposal o f materials uses or produced onsite, such as petroleum products, concrete, and sanitar y waste . By the filing of said Plan, the City Fire Department will be on notice to provid e regular and routine fire and life-safety inspections to determine compliance wit h applicable health and safety codes . â Monitoring Program : The "Operations-Related Hazardous Materials Management Plan" will be required to be submitted by a project proponent to the City Communit y Development Department and City Fire Department for review prior to the establishment of any operations-related activities . SECTION 3.Action .The City Council does hereby approve Application TR/ER 63-0 5 with incorporation of the following conditions and code requirements into the project : Conditions : Streets : 1 . Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l present a detailed schedule and delivery "Plan", to be approved by the Public Works Director , for the improvement of Prado Road between its eastern terminus at the current City boundar y and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shal l be referenced in two segments . The first segment shall be the new roadway from the presen t easterly terminus (City boundary) of Prado Road extending easterly to the intersection o f proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in th e Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the "Prad o Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be fro m the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street . This secon d segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segmen t (PRE-MB). At a minimum, the Plan shall address the following milestones for right-of-way acquisition , design and construction : a . At the time of submittal of any plans for final map and/or improvement plan checking : The subdivider shall submit construction drawings and specifications for the full widt h improvement of the "Prado Road Extension - Western Enclave" segment (PRE-WE), an d shall submit schematic plans for the full width improvement of the "Prado Roa d Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvemen t plans will follow approximately 6 months after the date of the approval of the Tentativ e C2-10 •Resolution No. 9776 (2006 Series ) Page 7 Map . During this time the City as well as area property owners will be involved in th e review of updated drafts and the selection of the proper engineering company as well a s overseeing the design . Following Tentative Map approval, the Western Enclave Propert y Owners (WEPO) and the City will establish a Stakeholder Group comprised of MAS P property owners and public utility companies, etc . to augment/expedite the conceptual design of the PRE-MB component of the Roadway . b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary stree t appurtenances or as otherwise approved by the Director of Public Works . c.Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road . The subdivider shall exhaust all avenues available t o acquire said public right-of-way dedication . In the event the subdivider is unable t o acquire said property, the City Council will lend the subdivider its powers o f condemnation to acquire the off-site right-of-way dedication, including any necessar y slope and drainage easements . If condemnation is required, the subdivider shall agree t o pay all costs associated with the off-site right-of-way acquisition (including attorney an d court costs). The subdivider is responsible for construction of the necessary stree t improvements and striping, to the satisfaction of the Public Works Director .) d.Subject to the availability of necessary right-of-way, the subdivider shall complet e construction of the PRE-WE segment prior to occupancy of the 50th unit within th e subdivision . If right-of-way is not available at the time of approval of the final map, th e subdivider may submit a plan for providing interim, secondary access to the WEP O properties that is subject to approval by the Public Works Director . This secondary acces s shall be completed prior to granting of occupancy permits and may be required to b e removed at a later time when additional access is provided from adjacent properties . e.At the time of recording the final map, the subdivider shall bond for the completion of th e engineering plans and specifications, environmental review, if necessary, and associate d construction permits for the PRE-MB segment . The subdivider shall complete th e construction drawings and specifications for the PRE-MB segment on or before the 100t h unit is occupied in the Western Enclave (approx . 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-MB section of roadway has not yet been completed, the City may require that the develope r (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund an y final project costs for the construction of PRE-MB that are not contained in the Margarit a Area Specific Plan Impact Fee estimates . f.Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum : • C2-11 •Resolution No . 9776 (2006 Series ) Page 8 (1) initiate the construction of the northern half, or some modified section of the roadwa y subject to approval by the Director of Public Works, of the PRE-MB segment prior t o occupancy of the 200th residential unit in the Western Enclave (approx . 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE - MB segment prior to occupancy of the 300th residential unit in the Western Enclav e (approx . 5 years after Tentative Map Approval). If right-of-way is not available at th e time of requests for occupancy, the City will determine if public acquisition of said right - of-way is necessary or the subdivider will be required to submit an interim plan fo r providing secondary access the Western Enclave that shall be approved by the Publi c Works Director . g .As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety, as establishe d by the MASP. Subject to final approval of the City, the proposal may include fee credit s and/or other appropriate mechanisms that may be applied against non-TIF city-wide an d MASP impact fees as development occurs, to facilitate completion of the Prado Roa d extension . h . A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on a n interim basis at the time of construction of PRE-WE and will remain in place until PRE - MB is completed and an additional access point is provided at an adopted MAS P location. 2.Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo , shall be paid prior to issuance of each building permit subject to condition 1 .g. above . 3.The public improvement plans for VTTM 2353, VTTM 2428 and VT1'M 2342 shall conside r the proposed or required phasing to be completed by the combined development known a s Margarita Area Specific Plan western enclave . The public improvement plans for eac h subdivision shall include any offsite improvements as considered necessary by the Director o f Public Works to provide a reasonable transition between the subdivisions in the case that on e project is developed before another . The scope of required improvements shall be approve d to the satisfaction of the Public Works Director . 4.The final subdivision design and improvements shall comply with the Margarita Are a Specific Plan and all other City of San this Obispo Design Standards, Engineering Standard s and Standard Plans and Specifications . 5.The final design, location, and number of traffic calming measures including bulb-outs , choke-downs, tabletops, roundabouts, neck-downs, etc . shall be reviewed and approved b y the Public Works Director . Plans submitted for review shall include a truck turning diagram demonstrating a truck's ability to negotiate the traffic calming features . Additional or S •Resolution No. 9776 (2006 Series ) Page 9 alternative traffic control measures may be required to comply with the Specific Plan objective to "foster traffic volumes and speeds that will be compatible with th e neighborhood ." 6.Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d after development . The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director . If traffic speeds or volumes exceed City standards during counts taken by the subdivider on e year after final occupancy of complete build-out of the subdivision or acceptance of publi c improvements whichever occurs later, the subdivider shall be responsible for installin g additional traffic calming measures to the approval of the Public Works Director to reduc e volume and speeds to comply with City standards . As an alternative to the above, prior t o final map recordation, the Western Enclave property owners may pay a one-time non - refundable contribution to the City's Neighborhood Traffic Management Program in the amount of $130,000 to fund future traffic calming efforts in the City . 7.The subdivision design shall include directional curb ramps wherever possible . The inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease th e roadway width to be crossed by a pedestrian . • 8 . Prior to approval of improvement plans, alternative paving materials proposed within th e public right-of-way shall be approved by the Public Works Director . Alternative pavin g materials shall be maintained by the Homeowner's Association . 9.Common areas (except Lot Z-Wetlands Replacement), landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public us e by the Master Homeowner's Association . Water meters for common landscape area s including but not limited to parkways, medians, roundabouts and pathway corridors ar e subject to water impact fees and shall be paid for by the subdivider . On &Off-Site Improvements : 10.With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s ) shall either : a.Clearly demonstrate their right to construct the improvements by showing title or interes t in the property in a form acceptable to the City Engineer ; or b.Request in writing that the subdivider has exhausted all reasonable efforts to acquir e interest to the subject property and that the City assist in acquiring the property require d for the construction of such improvements and exercise its power of eminent domain i n accordance with Government Code Section 66462 .5 to do so, if necessary . Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition , C2-13 Resolution No . 9776 (2006 Series)• Page 10 including, but not limited to, all costs associated with condemnation . Said agreement shall be in a form acceptable to the City Engineer and the City Attorney . If condemnation proceedings are required, the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, th e following documents regarding the property to be acquired : i.Property legal description and sketch stamped and signed by a Licensed Lan d Surveyor or Civil Engineer authorized to practice land surveying in the State o f California . ii.Preliminary title report including chain of title and litigation guarantee ; iii.Appraisal of the property by a City approved appraiser . In the course of obtainin g such appraisal, the property owner(s) must be given an opportunity to accompany th e appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so . iv.Copies of all written correspondence with off-site property owners including purchas e summary of formal offers and counter offers to purchase at the appraised price . v.Prior to submittal of the aforementioned documents for City Engineer approval, th e Subdivider shall deposit with the City all or a portion of the anticipated costs, a s determined by the City Attorney, of the condemnation proceedings . The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact , be acquired . All necessary procedures of law would apply and would have to b e followed . 11 . Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the WWMP-DDM and th e following" a.The pump station shall be a triplex design . b.The pump station shall be designed to discharge at the 100 year pm-developed rate wit h all three pumps running, the 10 year pre-developed rate with two pumps running and th e 2 year pre-developed rate with only one pump in operation . At no time shall the pum p discharge rate exceed that of the pm-development flow rates for each of the desig n storms . Or the pump station shall consist for a variable speed drive that matches th e required discharge regime . c.The pump discharge shall be designed such that no erosion damage will occur . •Resolution No . 9776 (2006 Series ) Page 1 1 d . The pump shall discharge into a natural waterway or into an easement to which th e subdividers, their heirs and/or assigns have rights to . 12.The final subdivision design shall incorporate stormwater quality Best Managemen t Practices (BMPs) with the January 2005 edition of the Engineering Standards, shall b e designed to treat the stormwater runoff from all developed surfaces excluding rooftop s but including all private and public streets, and shall be subject to the approval of the City Engineer . 13.The final design of any stormwater detention or treatment facilities shall incorporate al l recommendations from the final geotechnical report into the design of said facilities . Th e final geotechnical report shall address the effect, if any, of detaining stormwater in clos e proximity to the existing soil contamination . 14.The final design of the proposed off-site stormwater detention facilities shall also tak e into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) fo r San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obisp o Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F wit h • FEMA prior to approval of any plans for ground disturbing activities ; then process the final documents once Grading is complete . The design of any stormwater facilities shal l be in compliance with the WWMP-DDM requirement for construction within a Specia l Floodplain Management Zone; i .e . no significant net loss of floodplain storage . 15.The subdivider shall secure the rights for the regional stormwater detention basin prior t o or concurrently with the final subdivision maps . Should the subdividers be unsuccessful in acquiring off site property for the construction of the stormwater facilities, th e subdivider shall either : a) revise the maps to reflect appropriately sized on-site detentio n of stormwater pursuant to the City's Waterway Management Plan Drainage Desig n Manual or, b) request in writing that the City assist in securing the property followin g procedures outlined above . All costs associated with securing said rights including th e eminent domain process shall be borne by the subdividers . 16.Prior to the approval of the public improvement plans the subdivider(s) shall hav e received an approved grading permit from the County of San Luis Obispo a writte n waiver for the construction of any facilities outside the City's corporate limits . Shoul d San Luis Obispo County defer to the City for the processing of the grading permits fo r property outside the City corporate boundary, the subdivider(s) shall process the gradin g permit with the City Public Works Department concurrently with the improvements plan s and pay all fees associated said grading in accordance with the Public Works Departmen t Fee schedule for plan checking and inspection in effect at the time of permit processing . 17 .Improvement plans shall show how project streets and sidewalks are connected with Resolution No . 9776 (2006 Series ) Page 12 existing improvements on Calle Malva Calle Jazmin and Prado Road to the satisfactio n of the Public Works Director . Plans shall also show how driveway access is maintaine d on adjacent lots on Calle Malva and Calle Jazmin . 18.The parking lot designs shown on the tentative map are not approved as part of th e subdivision . Final design of parking lots shall be reviewed and approved by the City's Architectural Review Commission . Final maps shall establish reciprocal access to/fro m adjacent parking lots and shall be designed to comply with City standards . 19.The public improvement plans shall show Prado Road street lights shall be located withi n the center landscaped median rather than along each side of the roadway . 20.The public improvement plans shall show the fire hydrant shown within Prado Road shal l be relocated outside of the roadway. 21.The public improvement plans shall show the landscaped roundabout proposed on Prad o Road shall be designed to comply with Caltrans Standards Design Information Bulleti n 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas . 22.The public improvement plans shall show the final design and location of the bus pullout s and transit facilities on "C" Street coordinated with Tract 2353 (DeBlauw) and approve d by the Public Works Director . Plans submitted for review shall include a bus turnin g diagram demonstrating a bus's ability to negotiate the turnout . The final design shall als o include bus stop improvements and indicate how access to adjacent parcels is provided . 23.The public improvement plans shall show the private alleys are designed to accommodat e both garbage truck and emergency vehicle access, including required turnaround , structural section and geometries . The subdivider shall show the alleys within a publi c access easement on the Final Map . 24.Prior to final map approval, the proposed Class 1 pathway between "A" Street and Prad o Road shall terminate at the Prado Road Class 1 pathway and not provide a direc t connection to the Prado Road roadway . 25.A portion of the westerly half of the proposed subdivision is within the area shown on th e San Luis Obispo County FEMA FIRM panel as being subject to inundation from flood waters due to the runoff from the 100 year storm . Since the area of inundation does not have a base flood elevation (BFE) established, the subdivider shall establish the 100 yea r BFE, and prior to the approval of plans for any ground disturbing activities . The subdivider shall process either a CLOMR or CLOMR-F through FEMA to allow fo r construction of both residential and non-residential structures . The analysis required fo r the CLOMR/CLOMR-F shall show that the proposed finish floors of the structures are a t least one foot above the 100 year flood elevation and does not significantly reduced th e C2-16 Resolution No. 9776 (2006 Series ) Page 13 amount of floodplain storage per the WWMP-DDM . Once construction is complete, bu t prior to final occupancy, the subdivider/developer shall finalize the CLOMR with a fina l Letter of Map Change (LOMC) through FEMA . 26.Vehicular access rights along Prado Road shall be dedicated to the City . 27.The subdivider shall install private street lighting along the private internal streets pe r City standards and off-site public street lighting along Prado Road leading to and fro m the development, as determined by the Director of Public Works . All public stree t lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG& E's point of service . Water, Sewer & Utilities : 28.The subdivider's engineer shall submit water demand and wastewater generatio n calculations so that the City can make a determination as to the adequacy of th e supporting infrastructure . If it is discovered that an off-site deficiency exists, the owne r will be required to mitigate the deficiency as a part of the overall project . •29.Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction o f the Utilities Engineer . 30.The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above th e lowest point so as to protect the pipelines from the high water flow . 31.Sewer backwater valves may be required on some lots . The subdivider's engineer shal l apply the City's criteria to the design to determine which lots will need backwater valve s on the sewer laterals, per City and UPC standards . 32.In areas where the pressure in the water system exceeds 80 psi, the service line shal l include a pressure regulator downstream of the water meter, where the water servic e enters the building . 33.The sewer and water mains shall be located approximately 2m on either side of the street centerline . All final grades and alignments of all public water, sewer and storm drain s (including service laterals and meters) are subject to modifications to the satisfaction o f the Public Works Director and Utilities Engineer . 34.The subdivision layout and preliminary utility plans shall include provisions for irrigatin g common areas, parks, detention basins, and other large landscape areas with recycle d water. Appropriately sized reclaimed water mains shall be designed and constructed fro m the City's trunk system to these irrigation areas . If other use areas exist beyond the • Resolution No . 9776 (2006 Series) Page 14 proposed subdivision, the mains shall be appropriately sized to provide for future us e areas and extended to the boundary of the tract . If reclaimed water is not available at th e time the recycled water is needed, the system shall be designed and constructed t o reclaimed water standards, and temporarily connected to the City's potable water syste m in the area of the anticipated connection to the reclaimed water system . 35.The well on Lot Q shall only be used for irrigation purposes on Lot Q or otherwise shal l be properly abandoned in compliance with all applicable regulations . Grading &Drainage : 36.The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access . The soils engineer shall supervise all grading operations and certify th e stability of the slopes prior to acceptance of the tract and/or issuance of building permits . 37.Clearing of any portion of the existing creek and drainage channels, including an y required tree removals, and any necessary erosion repairs shall be to done the satisfactio n of the Public Works Director, Corp . of Engineers and the Dept . of Fish & Game . Certai n trees may require safety pruning by a certified Arborist as determined by the Cit y Arborist. Homeowners' Association : 38.The subdivider shall submit CC&R's with the Final Map that establishes a "Margarit a Area Master Homeowner's Association" (Master HOA). The Master HOA shall includ e the subdivider's tract, and provide for the automatic annexation of all subsequen t potential tracts within the Margarita Specific Plan area . The subsequent tracts may, a t their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfactio n how many they may form their own, independent HOA, to manage their common are a improvements . The Master HOA, and any and all subsequent HOA's not a part of th e Master HOA, shall provide for maintenance of all common area drainage channels, on - site and/or sub-regional drainage basins and conveyance improvements and the Margarit a median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior t o recordation of the Final Map, or any phase thereof . 39.The Master Homeowners' Association (MHOA) shall own and maintain all that portio n of the Lot Z designated as "Wetlands Mitigation". Maintenance responsibilities shal l include maintenance of any cut or fill slopes required to make the swale and berm . The storm drainage system within the private streets shall be privately owned and maintained • Resolution No . 9776 (2006 Series) Page 15 by the MHOA (to be included in CC& R's). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity . 40 . Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approve d by the City Attorney and Community Development Director prior to final map approval . CC&R's shall contain the following provisions that pertain to all lots : a.Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists . b.No parking except in approved, designated spaces . c.No change in city-required provisions of the CC&R's without prior City Council approval . d.Provision for all of the maintenance responsibilities outlined in various condition s below . e.The subdivider shall submit common driveway agreements for those lots with share d access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval . Paths/Open Space : 41 . The multi-use paths should be 12 feet in width as called for in the Specific Plan, howeve r the Natural Resource Manager and Public Works Director may approve a narrower pat h in locations that will only be used by pedestrians only or where environmental condition s warrant a narrower path based on in-the-field consideration . 42 . Final design (including materials, location, width, bridging and lighting) of pathway s shall be reviewed and approved by the Natural Resources Manager and Public Work s Director . Air Quality : 43 . All activities associated with construction and operation for the subdivision map shal l comply at all times with all current APCD Rules and Regulations as applicable, includin g but not limited to PM-10, NOx emissions, Best Available Control Technologies , construction activity management plans, and phasing techniques. Housing Programs : • Resolution No . 9776 (2006 Series) Page 16 44.To provide the required affordable units for Tentative Tract 2342, six units shall b e constructed for low- and moderate-income households (4 moderate, 2 low income) in the R - 1 and/or R-2 zones . These units shall be intermixed throughout Tract 2342 . Thes e "affordable" units shall be comparable in appearance and quality to the market-rate units . This condition shall become null and void upon the land dedication and completion of associated access/infrastructure improvements for Lot 105 of Tentative Tract 2353 . 45.The Inclusionary Housing requirement for the BPO property shall be met prior to buildin g permit issuance . Planning Requirements : 46.Bulb outs at "T" intersections need to be added to the straight leg "crossing the "T"' an d elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transition s for the intersecting street leg . 47.Bulb-outs shall be provided at alley access points to street to provide line of sight wher e red curbing would otherwise be needed . 48.All lighting within the subdivision shall comply with the lighting standards contained in th e San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigatio n Measures listed below . 49.In order to be consistent with the requirements of the Margarita Area Specific Plan an d County Airport Land Use Plan, the property owner shall grant an avigation easement fo r the benefit and protection of the City of San Luis Obispo, the County of San Luis Obisp o and the San Luis Obispo County Airport via an avigation easement document prior to th e recordation of the final map . 50.In the event archaeological resources are discovered in conjunction with a constructio n project, all activities shall cease and the Community Development Department shall b e notified so that the procedures required by state law may be applied . 51.New development shall implement all feasible measures to minimize the use o f conventional energy for space heating and cooling, water heating and illumination by mean s of proper design and orientation, including the provision and protection of solar exposure . 52.As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 15 7 feet for new residential uses from the centerline of Prado Road . 53.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnif y and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set Resolution No . 9776 (2006 Series ) Page 17 aside, void or annul, the approval by the City of this subdivision, and all actions relatin g thereto, including but not limited to environmental review . 54.For interior streets (not Prado Road), a 15-foot public street yard shall be allowed fo r homes and a 20-foot street yard for garages with doors facing the public street . Code Requirements : 1.Traffic impact and water and wastewater impact fees are required to be paid as a condition of issuance of building permits . 2.The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fee s shall be paid prior to the final map approval . 3.Appropriate backflow prevention will be necessary on any connection to the City wate r system if the property includes an active well . 4.EPA Requirement : General Construction Activity Storm Water Permits are required fo r all storm water discharges associated with a construction activity where clearing, gradin g and excavation results in land disturbance of five or more acres . Storm water discharge s • of less than five acres, but which is part of a larger common plan of development or sale , also require a permit. Permits are required until the construction is complete . To be covered by a General Construction Activity Permit, the owner(s) of land wher e construction activity occurs must submit a completed "Notice of Intent" (NOI) form, wit h the appropriate fee, to the State Water Board. 5.The subdivision design shall comply with the City's grading ordinance . 6.Street trees shall be planted along the private street per City Standards (the number o f trees is determined by one tree per 35 linear feet of street frontage). 7.All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc ., shall be tied to the City's Horizontal Control Network . At least two control points shall be use d and a tabulation of the coordinates shall be submitted with the final map or parcel map . All coordinates submitted shall be based on the City coordinate system . A 3 .5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digita l Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall b e submitted to the City Engineer. 8.The final map, public improvement plans and specifications shall use the Internationa l System of Units (metric system). The English System of Units may be used on the fina l map where necessary (e .g . - all record data shall be entered on the map in the record units , metric translations should be in parenthesis), to the approval of the City Engineer . • • • Resolution No . 9776 (2006 Series ) Page 18 9.Access shall be in accordance with Article 9 of the California Fire Code (CFC). Acces s roads shall have an unobstructed width of not less than 20 feet and an unobstructe d vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surfac e so as to provide all-weather driving capabilities . All cul-de-sacs shall be minimum 4 0 foot radius. 10.Approved address numbers shall be placed on all new buildings in such a position to b e plainly visible and legible from the street fronting the property . Numbers shall be a minimum of 5" high x W stroke and be on a contrasting background . [UFC 901 .4 .4] 11.Water Supplies and fire hydrants shall be provided in accordance with applicable article s of the CFC . An approved water supply capable of providing the required fire flow fo r fire protection is required . The fire flow shall be determined using applicable Appendice s of the CFC . 12.Fire protection systems shall be installed in accordance with the CFC and the Californi a Building Code . An approved NFPA system will be required for this project . 13.Rooms or areas in commercial buildings containing controls for air-handling systems , automatic fire-protection systems, or other diction, suppression or control element s shall be identified for use by the fire department and shall be located in the same area . A sign shall be provided on the door to the mom or area stating "Fire Sprinkler Riser " and "Fire Alarm Control Panel " 14.A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a key to the room for commercial buildings . 15.Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75' of travel an d at each exit within commercial buildings . 16.Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Departmen t approval) and shall be capable of supplying the required fire-flows . On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on th e following roll call vote : AYES :Council Members Brown, Ewan and Mulholland, Vice Mayor Settle an d Mayor Romero NOES :None ABSENT : None C2-22 Resolution No. 9776 (2006 Series ) Page 1 9 The foregoing resolution was passed and adopted this 7th day of March 2006 . Mayor David F . Romero ATTEST : APPROVED AS TO FORM Iona .Lowel l City Attorney Attachment 3 RESOLUTION NO . 10423 (2013 Series)• A..RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 2342 (MOD/TR 134-12 ; 392 PRADO ROAD) WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hail, 990 Palm Street, San Luis Obispo , California, on January 9, 2013,for the purpose of considering Application MOD/TR134-12,a request to amend conditions of Vesting Tentative Tract Map 2342 for an approximately 15-acr e site located on the north side of Prado Road, east of South Higuera Street; and WIIER . AS, the Planning Commission recommended that the City Council approve th e proposed modified conditions of Vesting Tentative Tract Map 2342; and WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Februar y 19, 2013, for the purpose of considering the proposed modified conditions of Vesting Tentativ e Tract Map 2342 originally approved through City Council Resolution No . 9776 (2006 Series); and WHEREAS,.notices of said public hearings were made at the time and in the manne r required by law; and WHEREAS, the Council has duly considered all evidence, including the record ofalma • Architectural Review Commission hearing and action, testimony of interested . parties, and the. evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE,BE IT RESOLVED,by the Council of the City cif .Sah .Fmk? Obispo as follows :, SECTION I .Findings .Based upon all the evidence, the City Council makes, th e following findings in support of the request to amend conditions of Vesting Tentative Tract Map 2342 : 1.The proposed condition modifications are reasonably necessary to allow for the construction of Prado Road improvements to serve the first phase of Western Enclav e Development in the Margarita Area Specific Plan given financing considerations and projecte d traffic levels . 2.On March 7, 2006, the City Council adopted a . Mitigated Negative Declaration whic h adequately addresses the potential significant environmental impacts of the proposed project an d incorporated certain mitigation measures into the project . The proposed modifications t o conditions do not conflict with approved mitigation measures and are consistent with previou s environmental studies for extension of Prado Road . R 1042 3 C2-24 • Attachment 3 •Resolution No . 10423 (2013 Series) Page 2 3.Projected traffic levels for Tract 2342 can be accommodated by the planned stree t facilities that will be constructed per the applicant's Prado Delivery Plan that accompanied th e subject request for condition modifications . Estimated project trip generation of 664 averag e daily trips (ADT) and 70 PM trips based upon traffic model numbers would be lower than existing thresholds which would require Prado Road to be extended to the east or improved to four lanes. Therefore, the proposed condition language and improvements will adequately serv e VTM 2342 . 4.An east-west connection between South Higuera and Broad Street, has been formal Cit y policy since the early 1960's when it was included in the City's first General Plan . 5.Several Environmental Impact Reports have been certified that included the Prado Road extension, including the 1994 IanUse and Circulation Elements, the 2000 Amendment to th e Circulation Element, and the Airport and Margarita Specific Plans . These EIR's have analyzed the impacts associated with adding the road to the circulation system and Circulation Elemen t and its current alignment . Project specific impacts were addressed in each environmenta l documents prepared for Vesting Tract Maps . The impending EIR for the Land Use and Circulation Elements will look at the entire circulation network and consider the curren t alignment and inclusion of Prado Road : SECTION 2.Action.The City Council hereby approves the requested modifications t o conditions of Vesting Tentative Tract Map 2342 originally approved through City Counci l Resolution No . 9776 (2006 Series), as follows : 1, The project is subject to all of the conditions, code requirements and mitigation measure s approved through City Council Resolution No . 9776 (2006 Series). If a previous condition i s modified with this latest approval, the latter condition shall prevail and supersede the forme r wording of the condition . 2 .- "Condition NO : 1 of City Council Resolution No . 9776 shall be replaced'with the following language: Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l present a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current Cit y boundary and Broad Street. For the purposes of this condition, the Prado Road Extensio n (PRE) shall be referenced in two segments . The first segment shall be the new roadway fro m the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 . This first segment shall be referred to a s the "Prado Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street . This second segment shall be referred to as the "Prado Road Extension - "M" Street t o Broad" segment (PRE-MB). For establishing conditions of approval, construction an d phasing purposes, the PRE-WE portion of Prado shall be divided into six segments a s illustrated on Figure 1, labeled Segments A through F . At a minimum, the Plan shall addres s the following milestones for right-of-way acquisition, design and construction : C2-25 Attachment 3 0Resolution No . 10423 (2013 Series) Page 3 a.At the time of submittal of any plans for final map and/or improvement plan checking The subdivider shall submit schematic construction drawings and specifications for th e full width improvement of the "Prado Road Extension - Western Enclave" segmen t (PRE-WE). b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary stree t appurtenances or as otherwise approved by the Director of Public Works . c-Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road- The subdivider shall exhaust all avenues available t o acquire said public tight-of-way dedication for each segment of Prado Road as it i s required in these conditions of approval.In the event the subdivider is unable to acquire the right of way for Segments A by February 1, 2013, the subdivider may ask that th e City Council consider utilizing its powers of condemnation to acquire the off-site fight- of-way, including any necessary slope and drainage easements\, or allow a modifie d construction improvement of Segments A and B as outlined below . If condemnation i s required, the subdivider shall agree to pay all costs associated with the off-site right-of- way acquisition (including attorney and court costs). The subdivider is responsible fo r construction of the necessary street improvements and striping, to the satisfaction of th e Public Works Director .) d. The subdivider shall complete construction of Segment A of the PRE-WE portion o f Prado prior to occupancy of the 31st unit within Tract 2342 or within twelve (12) month s of issuance of the first building permit (except for model homes), whichever occurs first . These improvements shall consist of street frontage improvements including curb, gutter , sidewalk, parkway landscaping, median and . roundabout, three . 12-foot travel . lanes;. a 5 - foot bike lane/shoulder on the north side of Prado and a 5-foot bike lane/shoulder on th e south side of Prado . The improvements will also include all storm drainage, water, sewe r and dry utilities per plan along its frontage and stub same to the south'side of Prado Road as necessary . A transition shall be provided from the "Road A" entrance of Tract 2342 t o the existing paved road section . The subdivider is responsible for construction of thes e improvements and striping, to the satisfaction of the Public Works Director . If right-of-way is not available at the time of approval of the final map, and the City i s unwilling to use its power of eminent domain to acquire the necessary right of way fo r Segment A completion, the subdivider shall submit revised construction plans to the City to complete partial improvements of Segment A subject to approval of the Public Work s Director . These improvements shall consist of street frontage improvements primarily o n the north side of Prado Road including curb, gutter, sidewalk, parkway landscaping, tw o 12-foot travel lanes,a 5-foot bike lane/shoulder on the north side of Prado and a 5-foo t bike lane/shoulder on the south side of Prado . The improvements will also include all storm drainage, water, sewer and dry utilities per plan along its frontage and stub same to the south side of Prado Road. A transition shall be provided from the "Road A" entranc e of Tract 2342 to the existing paved road section of Prado Road . C2-26 Resolution No . 10423 (2013 Series)Attachment 3 Page 4 e . As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety,as established by the MASP . Subject to final approval of the City, the proposal may include fee credits and/or other appropriate mechanisms that may be applied against non-TIF city-wide an d MASP impact fees as development occurs, to facilitate completion of the Prado Roa d extension . 3.Condition No . 6 of City Council Resolution No . 9776 shall be modified as follows : Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d after development. The subdivider shall retain .a qualified traffic consultant to conduct traffi c counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider on e year after final occupancy of complete build-out of the subdivision or acceptance of publi c improvements whichever occurs later, the subdivider shall be responsible for installin g additional traffic . calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards . As an alternative to the above, prior to final map recordation, the Western Enclave property owners may pay a one-tim e nonrefundable contribution to the City's Neighborhood Traffic Management Program in the amount of $130,000 to fund future traffic calming efforts in and around Tract 2342 . 4.Condition No . 10 of City Council Resolution No . 9776 shall be modified as follows : With respect to all off-site improvements ; prior:to: filing of the Final Map,.theSubdivider(s ) shall either : `a.Clearly demonstrate their right to construct the improvements by showing title or interes t in the property in a form acceptable tithe: City Engineer; o r Demonstrate,in writing, that the subdivider has exhausted all reasonable efforts t o acquire interest to the subject property and request that the City assist in acquiring th e property required for the construction of . such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs o f such acquisition including, but not limited to, all costs associated with condemnation . Said agreement shall be in a form acceptable to the City Engineer and the City Attorney . If condemnation proceedings are required, the Subdivider shall submit, in a for m acceptable to the City Engineer, the following documents regarding the property to b e acquired : 1)Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State o f California. 2)Preliminary title report including chain of title and litigation guarantee . C2-27 Resolution No. 10423 (2013 Series ) Page 5 Attachment 3• 3)Appraisal of the property by a City approved appraiser . In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany th e appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so . 4)Copies of all written correspondence with off-site property owners including purchas e summary of formal offers and counter offers to purchase at the appraised price . 5)Prior to submittal of the aforementioned documents for City Engineer approval, th e Subdivider shall deposit with the City all or a portion of the anticipated costs,as determined by the City Attorney, of the condemnation proceedings . The City doe s not and cannot guarantee that the necessary property rights can be acquired or will,in fact, be acquired. All necessary procedures of law would apply and would have to b e followed. 5.Modify Condition No . 39 of City Conned Resolution No. 9776 to correctly reference the wetlands mitigation site as Lot 64 . 6.Modify Condition No . 44 of City Council Resolution No . 9776 to correctly reference the affordable housing site as Lot 108 of Tentative Tract 2353 . 7.Modify Condition No . 52 to reflect the language approved by the Planning Commissio n on September 28, 201.1 through Resolution No . PC-5565-11 as follows : As set forth in the Margarita Area °Specific Plan, there shall be a minimum setback of 15 7 feet for new single family residential units from the centerline of Prado Road . Propose d Live/Work units may be located within the 157-foot setback from Prado Road (60 dB nois e contour) subject to compliance with all of the requirements of the Pound Level Assessmen t from David Lord of 45 dB dated 9-14-11.. Upon motion of CouncilMember ..Carpenter, seconded by Council Member Carter, an d on the following roll call vote : AYES :Council Members Ashbaugh, Carpenter and Carter, and Mayor Marx NOES : None ABSENT : None RECUSED : Vice Mayor Smith C2-28 • Attachment 3 Resolution No. 10423 (2013 Series ) Page 6 The foregoing resolution was adopted this 19 1h day of January 2013. ATTEST : Ma APPROVED AS TO FORM : sttne Dietrick City Attorney C2-29 COMMO N puE rta!~TA t-tvAci;3aopagt it 'age'5 3 54 N ..,54 59 )w jln f-va ,omaegw .vt oo Ew . 3 5 4,0 013 S F 6,026 SF 4 • Attachment 5 SUBDIVISION AGREEMEN T THIS AGREEMENT is dated this ,day of 2013, by an d between ResCal SLO 193, LLC, a Delaware Limited Liability Company, herein referred t o as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ." RECITAL S REFERENCE IS HEREBY MADE to that certain proposed subdivision of rea la,. property in the City of San Luis Obispo, County of Sans Obispo, State of California,a description of which is shown on the Final Map of Tr"a°bt 2342, City of San Luis Obispo , California, as approved by the City Council t The Subdivider desires that said Tract No .2342 be accepted and Proved as a Final Map pursuant to the Subdivision Regulations xftheity of San Luis Obispo (Title 1 6 rr, of the San Luis Obispo Municipal Code) nd It is a condition id regulation thateSubdividr agree to install th e tonsiderat onof the egoing, th ubdivider does hereby agree to construct band install th&following suwisio 't,u7ovements in accordance with said subdivisio n regulations, and inccordanoe: with approved plans and specifications on file in the offic e 4thof the City Engineer, Ci an Luis Obispo, to wit : 1.CURB, GUTTERS AND SIDEWALK S 2.STREET AND ALLEY BASE AND SURFACIN G 3.WATER MAINS and SEWER MAINS, including sewer laterals to the property lin eand water services to the curb stop . 4.LANDSCAPIN G 5.DRAINAGE STRUCTURES, INCLUDING DETENTION BASIN S 1 C2-31 Attachment 5 6.STREET LIGHT S 7.ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION : In addition to th e inspection and approval of such facilities by the City, each public utility shall b e required to file a letter stating that the developer has properly installed all facilities t o be provided by him, and that the said utility is prepared to provide service t o residents upon request . 8.ANY & ALL OTHER IMPROVEMENTS shown on plans or required by projec t approvals . All of the above facilities shall be installed in the locations designated and to the plans an d specifications on file and approved by said City Engineer . The lines and grades for all of said improvements shall be established by th e Subdivider in accordance with said approved plans and specifications . The Subdivider agrees that the work of installing the above improvements shal l begin within thirty (30) days frbin the . date of recording of the final map, and that the wor k shall be completed wittup elve (12) mpnths of said recording date, unless an extensio n has been grante dr y the City, provided that if completion of said work is delayed by acts o f God or labo : o is•utes res tltinq(jstrike action\the Subdivider shall have an additiona l period time equivaIdr~t to sueh period of delay in which to complete such work . An y extension of f time hereundermshall nat .pperate to release the surety on the Improvemen t Security filed pursuant to this ,agreement . In this connection, the surety waives th e provisions of Section 2a49ifthe Civil Code of the State of California . No building permits will be issued nor occupancy granted after the expiration dat e of the agreement until completion and acceptance of all public improvements unles s specifically approved by the City . 2 • C2-32 Attachment 5 •The Subdivider does also agree to comply with the conditions established by th e Planning Commission and/or the City Council and has paid the necessary fees a s indicated on the attached Exhibits 1 and 2 . The restoration of lost section corners and retracement of section lines within th e Subdivision shall be in accordance with Article 5, paragraph 8771 et seq ., of th e The Subdivider attaches hereto, as an integral part hereof, and as security for th e performance of this agreement, instruments of credit or bond approved by and in favor o f the City of San Luis Obispo, and conditional upon the faithful performf this agreement . Said instruments of orodit or bond are in the amounts specified in Exhibits 1 s and 2, which are the amountsbf the estirngted cost of said improvements . and all other requ ff improv& ents have been fully completed in accordance with th e plans and specification+e improvements .tt Subdivider agrees to remedy any defects in the improvements arising from fault y workmanship or materials or defective construction of said improvements occurring withi n twelve (12) months after acceptance thereof . In accordance with Sections 66499 .7 an d 66499 .9 of the Government Code of the State of California, upon final completion an d acceptance of the work, City will release all but 10% of the improvement security, tha t 3 Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of th e State of California . Per Sec . 6649 in the performa n City of thet and theligation to mtainie improvements shall remain the sole responsibility of th e subdivider unfit all requiredublic irawements have been accepted by the local agenc y of the Government Code of the ate of California, a reductio n t, and shall not be deemed to be, an acceptance by th e and the risk of loss or damage to the improvement s C2-33 Attachment 5 amount being deemed sufficient to guarantee faithful performance by the Subdivider of hi s obligation to remedy any defects in the improvements arising within a period of one yea r following the completion and acceptance thereof . Completion of the work shall be deemed to have occurred on the date which th e City Council shall, by resolution duly passed and adopted, accept and/or certify a s complete said improvements according to said plans and specifications, and any approve d modifications thereto . Neither periodic nor progress inspectionso or approvals shall bin d the City to accept said improvements or waive any defects in ttie same or any breach o f this agreement . "AS-BUILT" record drawings are to be submitted within four weeks completion o f construction and prior to City acceptance of the public improvements . If the Subdivider fails to complete the work within the prescribed time, th e Subdivider agrees that City may, at its option declare the instrument of credit or bon d which has been pes#ed by Subdivider to guarantee faithful performance, forfeited an d utilize the p greeds to complete said improvements, or city may complete sai d improy4Ments and recover the full cost and expense thereof from the Subdivider or hi s surety . The Subdivider has deposited with the City labor and materials sureties in th e amount of 50% of the above "described subdivision improvements in accordance with State law . Said Subdivider has paid the required inspection fees for City to inspect th e installation of said subdivision improvements, and to verify that they have been complete d in accordance with the plans and specifications . 4 • • C2-34 Attachment 5 •If off-site dedication of property is necessary to facilitate the construction of th e required subdivision improvements, the subdivider shall exhaust all avenues available t o acquire said off-site dedication . In the event the subdivider is unable to acquire sai d property, the City may lend the subdivider its powers of condemnation to acquire th e off-site dedication, including any necessary construction, slope, and drainag e through the condemnation process . Prior to proceeding witlte condemnation process , the Subdivider shall deposit with the City all or a portion of the ante +gated costs, a s determined by the City Attorney, of the condemnation y proceedings . TheCp'does not an d cannot guarantee that the necessary,property rightsa nan,acquired orwill, in fact, b e acquired . All necessary procedures offaw ,would appljnd would have to be followed . Title 16 of the San Luis Obispo 'Municipal Code . en f "ti "Subdivision," all plans an d specifications on ifewith said City Engineer as a pa Said Subdivision Map, and al l other docua pls filed with the C by the Sub wider and approved by the City Enginee r are h referred toior further particulars interpreting and defining the obligations of the Subdivide,;under this agreemei a Pursuant t&overnmeit Code Section 66474 .9(b), the subdivider shall defend , indemnify and hold hari'ng$he City and/or its agents, officers and employees from an y claim, action or proceeding against the City and/or its agents, officers or employees t o attack, set aside, void or annul, the approval by the City of this subdivision, and all action s relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the subdivider of any Indemnified Claim upon bein g 5 easements . The Subdivider shall pay for all costs incurred b„y the City to acquire th e off-site dedication, including, but not limited to, all costs socid with condemnatio n • C2-35 Attachment 5 presented with the Indemnified Claim and City shall fully cooperate in the defense agains t an Indemnified Claim . It is understood and agreed by and between the Subdivider and the City hereto tha t this agreement shall bind the heirs, executors, administrators, successors and assigns o f the respective Parties to this agreement . It is agreed that the Subdivider will furnish copies of the successful bidder's contrac t unit prices and total bid prices for all of the improvemeifhherein referred to . IN WITNESS WHEREOF, this agreement has been executed by : CITY OF SAN LUIS OBISPO SUBDIVIDE R ResCal SLO 193, LLC 4 a 'Delaware Limited Liability Compan y MAYOR Jan Marx Printame and Title • • ATTEST : CITY CLERK Maeve Kennedy G'iimes Print Name and Titl e CITY ATTORNEY Christine Dietrick 6 C2-36 • • Attachment 5 EXHIBIT1 TRACT 2342 - SUBDIVISION AGREEMEN T 1.The Subdivider has deposited a monumentation guarantee in the amount of $3,400 to cove r the installation of survey monuments in accordance with the approved map and payment for same . Said guarantee will be released to the Subdivider upon receipt by the City of a lette r from the Engineer indicating that they have completed the work and have been paid . 2.Park-in-lieu fees shall be paid at time of building permits per the fee schedule in effect at that time . 3.Water and sewer impact fees shall be paid at time of b ermits through the Community Development Department per the fee sc "q ule rn'ect at that time . 4.Transportation impact fees shall be paid at time of uildin: ermits through the Communit y Development Department per the fee sche s yam®{~effect at tha ne . 5.The subdivider shall comply with all requirements of Council Resolution No . 9776 (200 6 Series), as modified by Council Resolution No . 1€423 (2013 Series), approving the tentativ e map, and associated Planning Commission i olut i 6.The Subdivider has depostted a faithful perform aii . security to guarantee completion of th e remaining off-site drainage basin improvements,sucs landscaping and irrigation. Said security is for the amount remaining to linompleted frOni diSriginal $792,700 of require d improvements . 7.The Subdivider has deposited a faithfu erforman curity to guarantee completion of Segment A of the PRE- J .. ortion of 1 o Road, pursuant to Condition #1 d of Counci l Resolution No . 10423 8.Pursuant to Condition #6f Council Re Lion No . 10423 (2013 Series), the Subdivide r has deposited a faithful performance security in the amount of $130,000 to retain a qualified traffic consultant to conduct trajounts and speed measurements one-year after final occupancy of complete build-out of the subdivision or acceptance of public improvements , whichever occurs later . Ifthe traffic volumes or speeds exceed City standards, the $130,00 0 security will betretainedb the City to guarantee that Subdivider install additiona l City-approved traffic,ing measures to reduce volume and speeds to comply with City standards . The additional measures shall be installed within six (6) months following notic e from the City to install said measures . Another traffic study shall be performed twelve (12 ) months after completion of construction of the additional traffic calming measures . Th e $130,000 security will be released to the Subdivider once a City-approved traffic study demonstrates that traffic volumes and speeds comply with City standards . 7 C2-37 Attachment 5 EXHIBIT2 TRACT 2342 - FEE AND BOND LIST Amount Form Date Receive d Bonds and Guarantees: Faithful Performanc e for Off-Site Drainage Basin $xxx .xxx xxxx xxxx Labor & Material s for Off-Site Drainage Basin Sxxx,xxx xxxx xxxx Faithful Performanc e for Prado Road (PRE-WE Segment A) $1,260,200 xxzx;:::xxxx Labor & Material s for Prado Road (PRE-WE Segment A) $630,100 . >;. xxxx xxxx Faithful Performanc e for On-Site Tract 2342 improvements $1,565,900 xxxx xxx x Labor & Material s for On-Site Tract 2342 improvements $782,950 xxxx Faithful Performance for completion of traffic counts and speed measurements and installation o f additional traffic calming measures $139,000 xxxx xxx x Monumentation Bond $3,400 CD or better of Credit xxxx Fees: Map Check Fee $1'7,627 Check or Char e 8/24/1 1 Plan Check Fe e for Off-Site Drainage Basin $23,578 Check or Charge 5/10/11 • Inspection Fe e for Off-Site Drainage B $I0~6,097Check or Charge 9/8/1 1 Plan Check Fe e for Prado Road (PRE-WE la) $43,016 Check or Charge 10/5/1 1 Inspection Fee 'u+'i'~ for Prado Rgaa RE %1 $148 356 :4 xxxx xxx x t (P segment Plan CheekT ee $28, Check or Charge 8/24/1 1 for On Site Tract 2342 improvement s Inspection Fee 's $185,671 Check or Charge 1/4/1 2 for On-Site Tract 2342 improvements=w,, Park In-Lieu Feel au,Tobe collected with building permi t Water Impact Fee ' To be collected with building permi t Wastewater Impact Fee'To be collected with building permi t Transportation Impact Fee' To be collected with building permi t 1 All Impact Fees are adjusted annually (July 1) based on CPI . Credit given for demolished units . 8 C23 8- Attachment 6 RESOLUTION NO .(2013 Series ) •A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING THE FINAL MAP FOR TRACT NO . 234 2 (392 PRADO ROAD, TR 63-05) WHEREAS,the City Council made certain findings concerning the vesting tentativ e map for Tract 2342, as prescribed in Resolution No . 9776 (2006 Series) and revised b y Resolution No . 10423 (2013 Series); an d WHEREAS,the subdivider has completed all required subdivision improvements or submitted surety bonds to guarantee installation of the required subdivision improvements a s shown on the approved plans, and all fees have been received or will be received prior to ma p recordation, as prescribed in the Subdivision Agreement ; and WHEREAS,all conditions required per said Resolution No . 9776 (2006 Series) an d revised by Resolution No . 10423 (2013 Series) will be met or agreements recorded prior to fina l recordation of the map guaranteeing compliance with conditions . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o as follows : SECTION 1 .The fmal map for Tract No . 2342 as shown on the attached Exhibit is foun d to be in substantial compliance with the tentative map . •SECTION 2. The Subdivision Agreement for Tract No . 2342 is hereby approved . SECTION 3 . Approval of the fmal map for Tract No . 2342 is hereby granted . SECTION 4 .The Mayor and City staff are authorized to take action necessary to carry ou t the intent of this resolution . Upon motion of seconded by and on the following roll call vote : AYES : NOES : ABSENT : R C2-39 Resolution No . (2013 Series ) Page 2 The foregoing resolution was adopted this day of 2013 . Mayor Jan Marx ATTEST : Maeve Kennedy Grime s City Clerk APPROVED AS TO FORM : Christine Dietric k City Attorney Attachment 6 • • C2-40 S OWNERS STATEMEN T 110 lilt MCERSMED. 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CITY CLERK DAT E Dry OF SM WIS BBD.STATE Of CALIFORNIA SIGNATURE OMISSION S M[SMAMIRES OF ME MWMND RAW 9004 MLIMI MICR PC FROMM OF WON 66416 (9X5)(OO) OP IRE IMMINENT CO :0 (CAUFORNIA SUMMON MAP ACM 1. AMASON ASBENF TO THE =MY OF SAN 0,15 OBISPO PER MSIRUAENP ND . 2019-056154 (E OFFICIAL =CMS rrmdesigngroup HI creating environments people enjoy ° 1165 CElI Moen 5L, 50.102, 560 LUb 061 W.CA 91401 X15)5434194 I F:( BOA) 5114609 IAAN.n11k.R nn[w,l,uavnl.AIt0CIOnll.nWYnexnynnl on..LA V.W.NNA[FMIW-Irv.S111J-M-JRMn-1nm+nrO la,l evm\9mm\Y 11VW ..Nly PJ)VYR 02 .001 A PORTION OF LOTS 29 AND .10 CE INC SAN HAS EAISPO SUBURBAN TRACT AS SOHN ON LIAP FILE D IN MOW I Of MAPS AT PONE 91 AW AS 51OA5 ON NAP FILED IN BOOR 2 OF RECORD Of SURVEY SAT PACE 55 M ME WY OF SW LLM WFPO, COUNTY OF SAN LUIS OBISPO, CAUFORN N TRACT MAP No . 234 2 MS 1.8 11010120 50. IONS Cal I Y I • i O R .BRASS ow MVal *IL SID IPT. 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LOT 22 5.000 .t SEE SHEET 5 TRACT MAP No . 234 2 A PORTION OF LOTS 20 ANO 30 01 RE SAN 005 COMO SUBURBAN TRACT AS MOAN IN NAP MNN 8001 1 OF MAPS AT PAGE 92 MO AS SHOWN ON YAP FILED N BOOR 2 OF RFCURO OF 5URV0S AT PANE M W ME QTY OF NN LUIS OBIPO, COUNTY OF SAN LUIS OB6Po.GOFBRN N ''''''0TSYq•41.W'gG .=169' LOT17 1.742 0019.It4 1:2r .~NO019'ME 51,:0R 200V 1u10000. .. tr'l5000'1L=T010',119 OfIAIL~ p R-t2o. __0001511(61619 .1]'L•21.B1'Q N /SEE E _ti9~Jw '0 _ E M 05'S ~ 0010501 3 L '0• t 5 6 9.19400'00'X '. R•N.O0 .•_ •.4 VWJ'iNi M u 3 a J0 01Mx14Yt 650* [I A@ ~mt01e 1011.103 I01 1 LOT 1 0 5.500 .Ot ~ NW59 'S8'E 10100'•AldP.A[[ILINE us6ml m. N891536M 10 .59' 1689' RAO . LOT 11 a j M.7'0RA50 CAP VNION TRACT 121 0 OIL CO. 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