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HomeMy WebLinkAboutR-10620 Vesting Tentative Tract Map 3066, 3765 Orcutt RoadRESOLUTION NO. 10620 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT MAP NO. 3066 CREATING 33 LOTS FOR PROPERTY LOCATED AT 3765 ORCUTT ROAD (TR/ER SBDV- 0067 -2014; TRACT #3066 JONES) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 25 and April 8th, 2015 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SBDV- 0067 -2014, a vesting tentative tract map subdividing an approximately 11.56 -acre site into 33 lots; and recommended the City Council approve the Vesting Tentative Tract Map; and WHEREAS, the April 8, 2015 Planning Commission hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has reviewed and considered the initial study of environmental impact as prepared by staff; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. CEQA Findings, Mitigation_ Measures and Mitigation Monitoring Program. Based upon all the evidence, the City Council makes the following CEQA findings in support of the Vesting Tentative Map SBDV- 0067 -2014 (Tract No. 3066): The proposed project is consistent with the requirements of the Orcutt Area Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by the City Council on March 2, 2010, and this approval incorporates those FEIR mitigation measures as applicable to VTM #3066, as detailed herein. 2. A supplemental initial study has been prepared for VTM #3066 addressing potential environmental impacts which were not identified or detailed in the FEIR for the Orcutt Area Specific Plan (OASP). The Community Development Director has recommended that the results of that additional analysis be incorporated into a Mitigated Negative Declaration (MND) of environmental impacts, and recommends adoption of additional mitigation measures to those imposed by the FEIR, all of which are incorporated below. R 10620 Resolution No. 10620 (2015 Series) Page 2 3. All potentially significant effects were analyzed adequately in the referenced FEIR and IS- MND, and reduced to a level of insignificance, provided the following mitigation measures are incorporated into the development project and the mitigation monitoring program: AIR QUALITY MITIGATION Operational Phase Mitigation AQ -1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is required by Title 24 requirements for all buildings within the Specific Plan Area. The following energy- conserving techniques shall be incorporated unless the applicant demonstrates their infeasibility to the satisfaction of City Planning and Building Department staff. increase walls and attic insulation beyond Title 24 requirements; orient buildings to maximize natural heating and cooling; plant shade trees along southern exposures of buildings to reduce summer cooling needs; use roof material with a solar reflectance value meeting the Environmental Protection Agency /Department of Energy Star rating; build in energy efficient appliances; use low energy street lighting and traffic signals; use energy efficient interior lighting; use solar water heaters; use double -paned windows; solar panel plumbing; grey water recycling; tank -less water heaters; dedicated hot water line loops. AQ -1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be installed at all bus stops. AQ -1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There shall be at least one shade tree for every six vehicle parking spaces. AQ -1(d) Telecommuting. All new homes within the Specific Plan area shall be constructed with internal wiring /cabling that allows telecommuting, teleconferencing, and tele- learning to occur simultaneously in at least three locations in each home. AQ -1(e) Pathways. Where feasible, all cul -de -sacs and dead -end streets shall be links by pathways to encourage pedestrian and bicycle travel. • AQ -1 Monitoring Program: Compliance with operational phase mitigation measures will be reviewed with the subdivision plans and accompanying architectural review plans and ultimately shown on improvement plans and construction drawings. ConstructionPhaseMiti ag tion AQ -3(a) Application of CBACT (Best Available Control Technology for construction related equipment). The following measures shall be implemented to reduce combustion emissions from construction equipment where a project will have an area of disturbance greater than 1 acre. Resolution No. 10620 (2015 Series) Page 3 • Specific Plan applicants shall submit for review by the Community Development Department and Air Pollution Control District (APCD) staff a grading plan showing the area to be disturbed and a description of construction equipment that will be used and pollution reduction measures that will be implemented. Upon confirmation by the Community Development Department and APCD, appropriate CBACT features shall be applied. The application of these features shall occur prior to Specific Plan construction. • Specific Plan applicants shall be required to ensure that all construction equipment and portable engines are properly maintained and tuned according to manufacturer's specifications. • Specific Plan applicants shall be required to ensure that off -road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non -taxed off -road diesel is acceptable). • Specific Plan applicants shall be required to install a diesel oxidation catalyst on each of the two pieces of equipment projected to generate the greatest emissions. Installations must be prepared according to manufacturer's specifications. AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM10 emissions during all Specific Plan construction: • Reduce the amount of the disturbed area where possible. • Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Water shall be applied as soon as possible whenever wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water should be used whenever possible. • All dirt- stock -pile areas shall be sprayed daily as needed. • Permanent dust control measures shall be identified in the approved Specific Plan revegetation and landscape plans and implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast - germinating native grass seed and watered until vegetation is established. • All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. • All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. Resolution No. 10620 (2015 Series) Page 4 • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible. AQ -3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting material shall be tarped from the point of origin. AQ -3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1 acre, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off -site. Their duties shall include holiday and weekend periods when work may not be in progress. • AQ -3 Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to secure necessary permits from the Air Pollution Control Board (APCD) before the onset of grading or demolition activities including, but not limited to additional dust control measures, evaluation for Naturally Occurring Asbestos. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. BIOLOGICAL RESOURCES MITIGATION B -3(a) Construction Requirements. Development under the Specific Plan shall abide by the requirements of the City Arborist for construction. Requirements shall include but not be limited to: the protection of trees with construction setbacks from trees; construction fencing around trees; grading limits around the base of trees as required; and a replacement plan for trees removed including replacement at a minimum 1:1 ratio. B -4(c) Riparian/Wetland Mitigation. If riparian and /or wetland habitat are proposed for removal pursuant to development under the Specific Plan, such development shall apply for all applicable permits and submit a Mitigation Plan for areas of disturbance to wetlands and /or riparian habitat. The plan shall be prepared by a biologist familiar with restoration and mitigation techniques. Compensatory mitigation shall occur on- site using regionally collected native plant material at a minimum ratio of 2:1 (habitat created to habitat impacted) in areas shown on figure 4.4 -2 as directed by a biologist. The resource agencies may require a higher mitigation ratio. If the Orcutt Regional Basin is necessary as a mitigation site for waters of the U.S. and State it shall be designed as directed by a biologist taking into consideration hydrology, soils, and erosion control and using the final mitigation guidelines and monitoring requirements (U.S. Army Corps of Engineers, 2004). As noted above, the trail shall be setback out of the buffer area for riparian and wetland habitat. Resolution No. 10620 (2015 Series) Page 5 B -5(a) Bird Pre - Construction Survey. To avoid impacts to nesting special- status bird species and raptors including the ground- nesting burrowing owl, all initial ground - disturbing activities and tree removal shall be limited to the time period between September 15 and February 1. If initial site disturbance, grading, and tree removal cannot be conducted during this time period, a pre- construction survey for active nests within the limits of grading shall be conducted by a qualified biologist at the site two weeks prior to any construction activities (for ground- nesting burrowing owl survey see below). If active nests are located, all construction work must be conducted outside a buffer zone of 200 feet to 500 feet from the nests as determined in consultation with the CDFG. No direct disturbance to nests shall occur until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding /nesting is completed and young have fledged the nest prior to the start of construction. B -5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City under the Specific Plan a qualified biologist shall conduct surveys for burrowing owls during both the wintering and nesting seasons (unless the species is detected on the first survey) in potentially suitable habitats prior to construction in accordance with the guidelines described in the CDFG Staff Report on Burrowing Owl Mitigation (1995). Winter surveys shall be conducted on the entire project site between December 1 and February 1, and the nesting season survey shall be conducted between April 15 and July 15. If burrowing owls are detected within the proposed disturbance area, CDFG shall be contacted immediately to develop and implement a mitigation plan to protect owls and their nest sites. B -5(c) Monarch Pre - Construction Survey. If initial ground- breaking is to occur between the months of October and March a pre- construction survey for active monarch roost sites within the limits of grading shall be conducted by a qualified biologist at the site two weeks prior to any construction activities. If active roost sites are located no ground- disturbing activities shall occur within 50 feet of the perimeter of the habitat. Construction shall not resume within the setback until a qualified biologist has determined that the monarch butterfly has vacated the site. B -5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS habitat on Figure 4.4 -2, current USFWS protocol level sampling surveys shall be conducted in all such areas. A report consistent with current Federal, State, and local reporting guidelines shall be prepared to document the methods and results of surveys. If VPFS are found, the report shall include a map that identifies the VPFS locations. Should the presence of additional special- status wildlife species be determined including California linderiella, a map identifying locations in which these species were found shall be prepared and included in the report. B -5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are located onsite pursuant to Mitigation Measure B -5(d), substantial setbacks from their identified habitat shall be implemented to avoid take of a Federally listed species. If complete avoidance is not economically or technically feasible, then Section 10 of the Resolution No. 10620 (2015 Series) Page 6 Federal Endangered Species Act (FESA) shall be used to authorize incidental take when no other Federal agency such as the Corps is involved. This process includes development of a Habitat Conservation Plan for protecting and enhancing the Federally listed species at a specific location in perpetuity. Species take can also be authorized under Section 7 of the FESA if a Federal agency is involved in the project (e.g., Corps Section 404 permitting for impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead agency requesting Section 7 consultation. This consultation process takes at a minimum 135 days from the official request by the Federal lead agency. The compensatory mitigation ratio shall be determined by the appropriate resource agencies. Suitable replacement habitat shall be constructed either within the site boundaries or offsite. [OASP FEIR] Figure 4.4 -2 identifies areas that could be appropriate for onsite VPFS mitigation. Figure 4.4 -2 is not intended to preclude development but shall be used as a starting point for incorporating VPFS mitigation sites into the development plan. While the Orcutt Regional Basin included in the potential VPFS mitigation sites may need regular maintenance and may be seasonally flooded, depressions could be created on the upper edges of the terrace in such a manner that they are protected from flooding. VPFS mitigation areas shall be approved by a biologist familiar with VPFS habitat "creation" techniques. Enhancement of the onsite seasonal freshwater wetland habitat that is undisturbed by project activities may also be a part of the mitigation program. Alternatively, fairy shrimp cysts could be collected during the dry season from the existing habitat and placed into storage. Topsoil could also be removed and stored in conditions suitable to retain cysts. Wetland habitat could be enhanced /created in the areas shown on Figure 4.4 -2 by grading depressions in the landscape and "top dressing" the depressions with the preserved topsoil. Preserved cysts would be added to the recreated wetlands in December or January, after sufficient ponding has occurred. It is important to note that VPFS habitat mitigation is still considered experimental. VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to ensure success. Habitat may be "created" only in an existing vernal pool landscape that provides suitable soils and a number of other specific ecological factors (USFWS, 2004). An alternative to onsite mitigation is the purchase of mitigation bank credits. Credits can be purchase by the acre as suitable mitigation for VPFS. There is currently no known mitigation bank with VPFS habitat occurring within San Luis Obispo County, however, mitigation banks may be available in the future. 0 B -3a, B -4c, B -5 Monitoring Program: Monitoring will include Natural Resources Department staff consultation and implementation at time of review and prior to approval of grading plan(s) and during tract construction (B -3a, B -4c, B -5). Resolution No. 10620 (2015 Series) Page 7 B -6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall prepare a brochure that informs prospective homebuyers and Home Owners Association (HOA) members about the impacts associated with non- native animals, especially cats and dogs, to the project site; similarly, the brochure must inform potential homebuyers and all HOA members of the potential for coyotes to prey on domestic animals. B -6(c) Landscaping Plan Review. To ensure that project landscaping does not introduce invasive non - native plant and tree species to the region of the site, the final landscaping plan shall be reviewed and approved by a qualified biologist. The California Invasive Plant Council (Cal -IPC) maintains several lists of the most important invasive plants to avoid. The lists shall be used when creating a plant palette for landscaping to ensure that plants on the lists are not used. The following plants shall not be allowed as part of potential landscaping plans pursuant to development under the Specific Plan: • African sumac (Rhus lancea) • Australian saltbush (Atriplex semibaccata) • Black locust (Robinia pseudoacacia) • California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius) • Cape weed (Arctotheca calendula) • Cotoneaster (Cotoneaster pannosus), (C. lacteus) • Edible fig (Ficus carica) • Fountain grass (Pennisetum setaceum) • French broom (Genista monspessulana) • Ice plant, sea fig (Carpobrotus edulis) • Leafy spurge (Euphorbia esula) • Myoporum (Myoporum spp.) • Olive (Olea europaea) Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata) • Russian olive (Elaeagnus angusticifolia) • Scotch broom (Cytisus scoparius) and striated broom (C. striatus) • Spanish broom (Spartium junceum) • Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T. ramosissima) • Blue gum (Eucalyptus globulus) • Athel tamarisk (Tamarix aphylla) • B -6c Monitoring Program: Compliance with mitigation measures will be reviewed with landscaping plans as part of the architectural review submittal and ultimately shown on improvement plans and construction drawings. CULTURAL RESOURCES MITIGATION CR -1(d) Archaeological Resource Construction Monitoring. At the commencement of Resolution No. 10620 (2015 Series) Page 8 project construction, an orientation meeting shall be conducted by an archaeologist for construction workers associated with earth disturbing procedures. The orientation meeting shall describe the possibility of exposing unexpected archaeological resources and directions as to what steps are to be taken if such a find is encountered. An archaeologist shall monitor construction grading within 50 meters (164 feet) of the two isolated finds. In the event that prehistoric or historic archaeological resources are exposed during project construction, all earth disturbing work within 50 meters (164 feet) of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated (e.g., curation, preservation in place, etc.), work in the area may resume. The City should consider retaining a Chumash representative to monitor any field work associated with Native American cultural material. If human remains are exposed, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. • CR -Id Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. DRAINAGE AND WATER QUALITY MITIGATION D -2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or biotechnical (also referred to as soil bioengineering) approaches to bank stabilization are preferred over structural approaches. Bank stabilization design must be consistent with the SLO Creek Stream Management and Maintenance Program Section 6. Streambank stabilization usually involves one or a combination of the following activities: • Regrading and revegetating the streambanks to eliminate overhanging banks and create a more stable slope; • Deflecting erosional water flow away from vulnerable sites; • Reducing the steepness of the channel bed through installation of grade stabilization structures; • Altering the geometry of the channel to influence flow velocities and sediment deposition; • Diverting a portion of the higher flow into a secondary or by -pass channel; • Armoring or protecting the bank to control erosion, particularly at the toe of slopes. The bank stabilization design will: • Be stable over the long term; Resolution No. 10620 (2015 Series) Page 9 • Be the least environmentally damaging and the "softest" approach possible; • Not create upstream or downstream flooding or induce other local stream instabilities; • Minimize impacts to aquatic and riparian habitat. D -2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be followed for riparian areas that are modified, created and /or managed for flood damage reduction, stream enhancement, and bank repair. Linear park terrace vegetation, streambank repair and channel maintenance projects may require stream channel modifications that include shaping, widening, deepening, straightening, and armoring. Many channel management projects also require building access roads for maintenance vehicles and other equipment. These construction activities can cause a variety of impacts to existing sensitive riparian and aquatic habitat that, depending on the selected design alternative, range from slight disturbances to complete removal of desirable woody vegetation and faunal communities. In urban areas within the SLO creek watershed, riparian vegetation often provides the only remaining natural habitat available for wildlife populations. D -5(a) Biofilters. The applicant shall submit to the Director of Community Development for review and approval a plan that incorporates grassed swales (biofilters) into the project drainage system where feasible for runoff conveyance and filtering of pollutants. D -5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the applicant shall be encouraged to use pervious paving material to facilitate rainwater percolation. Parking lots and paved outdoor storage areas shall, where feasible, use pervious paving to reduce surface water runoff and aid in groundwater recharge. • D -2a, D -2c, D -5a, D -5c Monitoring Program: Monitoring will include Natural Resources Department staff consultation and implementation at time of landscaping construction plan review and Engineering - Public Works staff at the time of tract construction. NOISE MITIGATION N -1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12, Section 9.12.050(6)]. Methods to reduce construction noise can include, but are not limited to, the following: • Equipment Shielding. Stationary construction equipment that generates noise can be shielded with a barrier. • Diesel Equipment. All diesel equipment can be operated with closed engine doors and equipped with factory- recommended mufflers. • Electrical Power. Whenever feasible, electrical power can be used to run air Resolution No. 10620 (2015 Series) Page 10 compressors and similar power tools. • Sound Blankets. The use of sound blankets on noise generating equipment. • N -1 a Monitoring Program: Requirements for construction noise mitigation shall be clearly noted on all plans for project grading and construction. PUBLIC SERVICES MITIGATION PS -4 Wastewater Main System Extensions. Prior to recordation of a final map for Jones Ranch (TR 3066), the improvement plans for the tract shall include connections to future improvements planned by Tract 3063 (Righetti Ranch) to convey sanitary sewer service to the existing connection points on Tank Farm Road. Prior to recordation of Tract 3066, (a) the needed improvements through Tract 3063 shall be completed and available to tie -in Tract 3066, or (b) Tract 3066 shall provide easements and financial guarantees that guarantee Tract 3066 can proceed with construction of Tract 3063 improvements to serve the Jones Ranch. • PS -4 Monitoring Program: Compliance will be reviewed and implemented by the City Engineer's office with the subdivision plans and accompanying final map prior to recordation of the final map. PUBLIC SAFETY MITIGATION S -2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants, Codes, and Restrictions (CC &R's) that disclose to potential buyers or leasers that aircraft over - flights occur, and that such flights may result in safety hazard impacts should an aircraft accident occur. In addition, prior to recordation of final map, avigation easements shall be recorded over the entire project site for the benefit of the SLO County Regional Airport. • S -2b Monitoring Program: Monitoring will include Community Development, City Attorney and Engineering staff approvals of the Disclosure(s) prior to recordation of a final tract map. S -4(d) 55- Gallon Drums. Prior to development on the property where 55- Gallon drums were identified on FEIR Figure 4.9 -1, soils samples shall be taken in the vicinity of the drums and analyzed for total extractable petroleum hydrocarbons (TEPH) by EPA method 8015, heavy metals by CCR Title 22 metals, and solvents by EPA method 8260B. If levels of contaminants are found to exist in concentrations that exceed regulatory thresholds, further sampling may be needed to determine the extent of contamination. If contamination is delineated, an appropriate remediation method shall be implemented according to the size of the area contaminated and the contaminant involved. Resolution No. 10620 (2015 Series) Page 11 • S -4d Monitoring Program: Monitoring will include Engineering staff review of soils sampling and implementation of appropriate remediation measures, if required, prior to tract construction in the vicinity of any such positive sample(s). TRANSPORTATION MITIGATION T -4 Street B & Tiburon Way Alignment. Applicant shall align Street B with the existing alignment of Tiburon Way and design the roadway curvature to maintain appropriate residential speeds. • T -4 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 1. T -6 Traffic Calming & Safety. Intersection of Streets A & B shall be controlled by a single lane urban compact intersection. Eliminate Mid -block crosswalk on Street A. Align curb, gutter, and sidewalk with Sponza Drive of the Taylor Wingate Project. • T -6 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and accompanying final map prior to recordation of the final map. UTILITIES AND SERVICE SYSTEMS MITIGATION USS -1 Off -site Water Main Line Extensions to the OASP To Meet Fire Flow and Storage Standards. Concurrent with applications for Final Map(s), the applicant shall submit a water supply plan to meet adequate fire flow standards for all lots within each Final Map. Implementation of such a water line extension plan shall be included as a part of public improvement plans for the subdivision, and approved by Utilities, Public Works and the City Engineer. This implementation plan may include a financing plan, including reimbursement provisions, approved by the City Council at the time of considering any Final Map. Required water main line extension(s) to the subdivision shall be completed and operational to the satisfaction of the Utilities Director, prior to construction of any of the residential and /or commercial uses. • USS -1 Monitoring Program Compliance will be reviewed and implemented by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any occupancy permits for Tract 3066. Resolution No. 10620 (2015 Series) Page 12 SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City Council does hereby approve application SBDV- 0067 -2014 TR/ER (VTM #3066, "Jones Ranch "), a tentative tract map to create up to 33 residential, commercial and open space lots, based on the following findings, and subject to the following conditions being incorporated into the project: Findingsl As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's residential housing inventory, results in parcels that meet minimum density standards, and will be consistent with the density, lot sizes and project amenities established by the Orcutt Area Specific Plan (OASP). 2. The site is physically suited for the type and density of development allowed in the C /OS -SP, P -F -SP, R -1 -SP, R -2 -SP, R -3 -SP, R -4 -SP, and CC -MU zoning districts. The design of the vesting tentative tract map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, since further development or redevelopment of the proposed parcels will occur consistent with VTM 3066 and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. 4. As conditioned, the design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision, and the project is consistent with the pattern of development prescribed in the Orcutt Area Specific Plan. 5. The proposed project will provide affordable housing consistent with the intent of California Government Code §65915, and in compliance with City policies and the Housing Element. 6. The tentative map, as conditioned, will comply with all environmental mitigation measures prescribed herein, and therefore is consistent with the California Environmental Quality Act, the OASP Final EIR, and the Initial Study- Mitigated Negative Declaration (IS -MND). 7. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. Conditions: Dedications and Easements 1. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, slope banks, construction, public and private streets, pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be shown on the final map and /or shall be recorded separately prior to or concurrent with the recordation of the map, unless a deferral is requested by the subdvider and granted by the Resolution No. 10620 (2015 Series) Page 13 City. Said easements may be provided for in part or in total as blanket easements 2. The final map and improvement plans shall show the extent of all on -site and off -site offers of dedication. Subdivision improvement plans and or preliminary designs may be required for any deferred improvements so that dedication limits can be established. These improvements may include but are not limited to road construction and widening, grading and drainage improvements, utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths, and intersection improvements. 3. The map and improvement plans shall provide for all minimum street improvements and utility placements within the improved or partially improved streets adjoining the subdivision as needed for orderly development to the satisfaction of the City. In some cases, "dry" pipes may be required to be constructed under improved street sections for the benefit of others. 4. Access rights shall be dedicated to the City along Orcutt Road except at approved driveway locations and intersections as shown on the tentative map or as otherwise approved by the city. 5. The subdivider shall dedicate a 10' wide street tree easement and 6' public utility easement (P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. A 10' wide street tree easement and 6' P.U.E. shall be provided along the frontage for all private streets. A 10' street tree easement and 15' P.U.E. shall be provided along the frontages of the Mixed Use Commercial Lots 24 — 26. The easements may be removed or reduced under the footprint of proposed buildings. 6. The subdivider shall dedicate all public Open Space in fee to the City, consistent with the OASP, in conjunction with or prior to the Phase 1 map recordation unless otherwise deferred or a reimbursement agreement is processed. Deferral shall be approved by the City and may require that all appropriate OASP fees are paid as a condition of development. The land shall be granted free and clear of all encumbrances to the satisfaction of the City. 7. All private improvements shall be owned and maintained by the individual property owners or the Homeowner's Association (HOA) as applicable. Private improvements include but are not limited to streets, sidewalks, private pedestrian/bike paths, sewer mains, drainage systems, detention basin(s), street lighting, landscape, landscape irrigation, common areas, pocket parks, and linear park improvements. 8. The private open space C /OS Lots 31 and 32 along with the proposed improvements, including but not limited to trails, bikeways, and landscaping shall be owned and maintained by the HOA. Open Space and bikeway easements along with any public utility easements shall be offered to the City and shown and noted on the final map. An easement agreement may be required for specific open space areas, creek corridors, bikeways, and utility corridors in a format approved by the City. Resolution No. 10620 (2015 Series) Page 14 9. A wildland fuel management /reduction zone along with any required easements and /or zone limits shall be provided for Lots 31 and 32 to the satisfaction of the Fire Chief. If required, the limits shall be shown and noted on the final map and improvement plans for reference. The limits of the zone shall be in accordance with the adopted Fire Code and approved to the satisfaction of the City Fire Chief and City Natural Resources Manager. The HOA shall be responsible for wildland fuel management, weed abatement, and creek maintenance within the established fuel reduction zone and private open space areas. 10. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may need to be recorded in conjunction with the Final Map to clarify development restrictions, conditions of development, and references to any pertinent conditions related to the OASP and City codes and ordinances. 11. Off -site easements and /or dedications may be required to facilitate secondary points of access, through street access, and public water and sewer main extensions beyond the tract boundary and in accordance with the GASP. Looped water mains may be required in accordance with the tentative map, development phasing, and the City water model to provide adequate service and compliance with adopted codes and standards. 12. Off -site dedication/acquisition of property for this public right -of -way purpose is necessary to facilitate orderly development and the anticipated OASP improvements. The subdivider shall work with the City and the land owner(s) to acquire the necessary rights -of -way. In the event the subdivider is unable to acquire said rights -of -way, the City Council may consider lending the subdivider its powers of condemnation to acquire the off -site right -of -way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right -of -way acquisition (including attorney fees and court costs). 13. With respect to all off -site improvements, prior to filing of the Final Map, the subdivider shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land Resolution No. 10620 (2015 Series) Page 15 surveying in the State of California; ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; iv. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. V, Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. Transportation 14. Secondary access is required from all portions and /or phases of the subdivision where more than 30 dwelling units are proposed. The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans. 15. Unless an alternate access and egress plan is approved to the satisfaction of the Public Works Director and the Fire Chief, the westerly Phase 1 of Jones Ranch shall be provided with a secondary access to Orcutt Road in conjunction with an access to Tank Farm Road. The completion of development may need to be deferred to Phase 2 or the B Street bridge would need to be construction in conjunction with Phase 1. Regardless of access, the required water supply to this phase may require a looped water main with indications that the B Street bridge may need to be constructed in support of the required water main extension prior to commencing with combustible construction. 16. Fire Department access shall be provided for each construction phase to the satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable Fire Department hydrant access, circulation routes, passing lanes, and turn- around areas in accordance with current codes and standards. 17. All public streets shall conform to City Engineering Standards and OASP including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City Engineer. Where conflicts occur between the City Engineering Standards and concepts identified in the GASP, final determination of shall design shall be provided by the City Engineer. Traffic calming improvements may be required at select locations within in the subdivision. Improvements may include bulb -outs, elevated sidewalks /speed tables, or alternate paving materials to the satisfaction of the Public Works Department and Fire Department. Resolution No. 10620 (2015 Series) Page 16 18. The developer shall record a Notice of Requirements with each map phase regarding the designed and installed traffic calming devices and that the subdivisions are not eligible for future Residential Parking District or Neighborhood Traffic Management program processing. 19. The improvement plans shall include all final line -of -sight analysis at certain intersections to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of control shall be reviewed in conjunction with the analysis. A separate recorded agreement or Notice of Requirements for private property owner or HOA maintenance of sight lines may be required. 20. The final map and improvement plans shall include the required right -of -way, transit stop easements, and all details of the required bus turnouts to accommodate all proposed and future bus stops per City Engineering Standards, the OASP and current Short Range Transit plan. The final location of all North -South and East -West route stops shall be approved to the satisfaction of the City Transit Manager and Public Works Director. 21. The public improvement plans may need to include full frontage improvements on Orcutt Road from north of B Street to Tank Farm Road, including the Imel and Garay properties. The northerly transition may require improvements across the Fiala frontage. The plans shall show all improvements including concrete curb, gutter, and sidewalk per City Engineering Standards on the west side of Orcutt; 6' bike lanes, 12' travel lanes, and a 12' two -way left turn lane in accordance with the tentative map, OASP, City Engineering Standards, and the Cal Trans Highway Design Manual; undergrounding of the overhead utilities on the west side; and complete details for the Orcutt Road points of access. 22. The east side of Orcutt Road where widening is proposed or required may terminate in an AC berm to match the existing adjoining road sections per City Engineering Standards or the appropriate County rural road standards where approved by the City Engineer. The Orcutt Road plans shall include all phases of construction including road widening, stormdrain improvements, culvert extensions, grading /walls, and any water quality BMP's. Some off -site dedication of property for public right -of -way purposes may be required to facilitate the Orcutt Road improvements and transitions between the OASP full build -out road section and adjoining road segments beyond the tract boundaries. 23. The Orcutt Road improvements shall be constructed as a condition of the map, unless a deferral is requested by the subdvider and granted by the City. Prior to approval of any deferrals, the subdivider shall demonstrate that the construction of the required improvements is not feasible. 24. Prior to occupancy of Phase 1 the Tank Farm / Orcutt intersection shall be modified to provide a southbound right -turn lane on Orcutt Road and to eliminate the skew, as required in the GASP. All overhead utilities conflicting with this improvement shall be undergrounded. 25. The applicant shall conduct neighborhood speed surveys one year after occupancy of Resolution No. 10620 (2015 Series) Page 17 each phase at locations approved by the Director of Public Works. If 85th percentile speeds exceed current City NTM thresholds additional traffic calming measures shall be installed. The applicant shall bond for these potential additional traffic calming measures. 26. All mitigation measures (MM) specific to Transporation requirements shall be provided as detailed under CEQA section 1, above, to the satisfaction of the City Engineer. 27. The subdivider may present financing and reimbursement programs for transportation improvements to be considered with approval and recordation of the initial final map for VTM #3066. Any such program(s) will be subject to approval by the City Council. 28. The subdivider shall be responsible for securing the off -site right -of -way needs for VTM #3066, and dedicating that right -of -way to the city as a condition of final map approval. On and Off -Site Improvements 29. Improvement plans for the entire subdivision, including any off -site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. 30. Off -site improvements may include but are not limited to roadways, sewer mains, water mains, stormdrain improvements, off -site access roadways, the water main extensions provided by MM USS -1, and the "B" Street to Tiburon Way alignment improvements. 31. A separate demolition permit will be required from the Building Division for the removal of any existing structures and related infrastructure. Building removals are subject to the Building Demolition Regulations including the additional notification and timing requirements for any structure over 50 -years old. 32. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any pertinent off -site water well and private waste disposal systems that are located within regulated distances to the proposed drainage and utility improvements. The plan shall include the proposed disposition of the improvements and any proposed phasing of the removal and demolition. All structures and utilities affected by the proposed lot lines shall be removed and receive final inspection approvals prior to map recordation. 33. The subdivider shall provide additional documentation on the easement agreement related to the existing well and appurtenances located on the Jones parcel and serving the Fiala property. Some existing non - conformance was generally recognized per Appendix Section A -2 of the OASP. Additional detail and clarifications may be required on the final map and improvement plans to acknowledge any legal non - conforming utility installations between the parcels /lots in question. 34. If construction phasing of the new street pavement is proposed, the phasing shall provide for the ultimate structural street section and pavement life (per the City's Pavement Resolution No. 10620 (2015 Series) Page 18 Management Plan) prior to acceptance by the City. The engineer of record shall detail this requirement in the public improvement plans, to the satisfaction of the Public Works. 35. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval and map phasing. A truck circulation plan and construction management and staging plan shall be included with the improvement plan submittal. General truck routes shall be submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing public roadways. The developer shall either; 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre- construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair /replacement program to the satisfaction of the City Engineer prior to acceptance of the subdivision improvements. 36. Retaining wall and /or retaining wall /fence combinations along property lines shall be approved to the satisfaction of the Planning Division and shall conform with the zoning regulations for allowed combined heights or shall be approved through the ARC or separate Fence Height exception process. 37. The ARC plans and public improvement plans shall show the location of the proposed mail receptacles or mail box units (MBU's) to the satisfaction of the Post Master and the City Engineer. Provide a mailbox unit or multiple units to serve all dwelling units and lease spaces within this development as required by the Post Master. MBU's shall not be located within the public right -of -way or public sidewalk area unless specifically approved by the City Engineer. Contact the Post Master at 543 -2605 to establish any recommendations regarding the number, size, location, and placement for any MBU's. 38. Street trees are required as a condition of development. Tree species and planting requirements shall be in accordance with City Engineering Standards. Street trees shall generally be planted at the rate of one 15- gallon street tree for each 35 lineal feet of property frontage. Street trees shall be planted along private streets as required for public streets. The subdivision improvement plans /landscape plans shall include street tree plantings along the Orcutt Road frontage. Utilities 39. Specialized street pavement in the area of public water and /or sewer mains may create maintenance /replacement concerns and additional costs. The final pavement sections shall be reviewed and approved in conjunction with ARC approvals and public improvement plan review. A separate agreement and /or CC &R provision shall be required to clarify that the Jones Ranch Homeowners Association will have final street maintenance responsibility in areas of specialized pavement where said pavement is damaged or removed in conjunction with public improvements or maintenance of said public water and /or sewer mains. Resolution No. 10620 (2015 Series) Page 19 40. The City will not be responsible for replacement of any specialty street pavement within private streets. City trench repairs within private streets will be backfilled and finished per City Engineering Standards. 41. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot to the satisfaction of the Public Works Department and serving utility companies. All public and private sewer mains shall be shown on the public improvement plans and shall be constructed per City Engineering Standards unless a waiver or alternate standard is otherwise approved by the City. The plans shall clearly delineate and distinguish the difference between public and private improvements. 42. Recycled water mains shall be extended along A Street, B Street, and /or Sponza to serve the landscape irrigation of the project's R2 lots and commercial lots. Applicant shall work with the Water Division of the City's Utilities Department to determine the appropriate size of all proposed recycled water mains. 43. City recycled water or another non - potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. Recycled water is readily available near the intersection of Tank Farm Road and Orcutt Road. 44. Final grades and alignments of all public and /or private water, sewer and storm drains shall be approved to the satisfaction of the Public Works Director and Utilities Department. The final location, configuration, and sizing of service laterals and meters shall be approved in conjunction with the review of the building plans, fire sprinkler plans, and /or public improvement plans. 45. The improvement plans shall show the location of all domestic and landscape water meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations may be required to justify service and meter sizing. Water impact fees related to the irrigation water meter(s) shall be paid prior to approval of the subdivision improvement plans for each pertinent map and /or construction phase. 46. Off -site utility improvements shall include the water main upgrade /replacement and extension from the High Pressure /Bishop pressure zone at the intersection of Tanglewood /Johnson Avenue to serve the subdivision. Pipe sizing is contingent upon the modeling for the proposed development phases and looping of the main. Improvement plans may be required to clarify the design for main extensions outside the Phase 1 improvements. Pressure regulating valves, control valves, or other appurtenances may be required by the Utilities Department as a part of the required water system improvements to be certain that the new area interacts properly with the existing water system. 47. A reimbursement request, if proposed for the off -site water main upgrade, shall include all pertinent details and analysis in accordance with City and State codes and ordinances and shall be presented separately to the City Council. Resolution No. 10620 (2015 Series) Page 20 48. The subdivider shall provide a plan for meeting off -site wastewater main line extensions as needed (pursuant to MM PS -4) through adjoining VTM 43063. Said plan shall be approved by the Utilities Director before approval and recordation of any final map. 49. A final sewer report and supporting documentation for the OASP public sewer main design shall be approved by the Utilities Department prior to approval of the public improvement plans. 50. The final sewer report shall discuss and present additional information and assumptions on the system elevations and grades that will allow other OASP parcels to utilize the proposed public sewer main in accordance with the OASP Wastewater Plan. The applicant shall submit an analysis of a backbone system that shows the elevations and grades that serve the adjacent parcels described in the study. The City will have the final discretion on the extent and limits of the study if additional properties could reasonably benefit from the proposed alignment. 51. The depth of the off -site and on -site sewer mains shall be approved to the satisfaction of the Utilities Director. The depth analysis shall consider the balance between the possible extent of the gravity sewer basin needed to serve the other OASP properties and the long- term public maintenance requirements related to sewer depth. The analysis of sewer depth shall be considered at the intersection of Street A and Street B, at Street A and Sponza in Tract 3044, and at Street A and the northerly limits of Tract 3044. 52. Omitted ....covered by COA #68 Righetti 53. The public improvement plan submittal shall show all existing and proposed overhead wire utilities. Any existing overhead wiring within the tract boundary and adjoining Orcutt Road shall be undergrounded in conjunction with the subdivision improvements. Areas of road widening along Bullock Lane, if required for a secondary access, shall include undergrounding where applicable unless otherwise deferred or waived by the Public Works and Community Development Directors. Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not supported. 54. Terminal end utility poles shall be located off -site unless otherwise approved by the City. 55. Preliminary undergrounding plans for the entire subdivision shall be processed through PGE and any respective wire utility companies in conjunction with the map recordation. 56. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all adjoining public streets as applicable per City Engineering Standards. 57. Private street lighting shall be provided along the private streets per OASP lighting requirements, City Engineering Standard and /or as approved in conjunction with the final ARC approvals. 58. Lighting fixtures, including public streetlights shall not exceed 16' in height in accordance Resolution No. 10620 (2015 Series) Page 21 with the OASP unless otherwise required for traffic safety. The developer shall submit a streetlight proposal for approval by the City Engineer for any public streetlights. Street lights associated with the Orcutt Road and Tank Farm Road improvements, signalized intersections, or round -a -bouts shall comply with the Highway Design Manual and City Engineering Standards. Grading, Drainage and Stormwater 59. Any permit approvals required from the Army Corp of Engineers, California Fish and Wildlife, or the Regional Water Control Board shall be secured and presented to the City prior to the approval of any subdivision grading and /or improvements related to the proposed phase of construction. The engineer of record shall review the permit approvals and any specific permit conditions for compliance with the plans, subdivision improvement designs, drainage system design/report, and soils report. The engineer of record shall forward the permits to the City with a notation that the permits have been reviewed and are in general conformance with the design of the improvements. 60. The public improvement plans submittal shall clarify how the several wetlands, creek corridors, and riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager. Include any specific details for the proposed creek crossings in accordance with any preservation strategies, mitigation measures, and higher governmental authority agency permits. Sensitive areas shall be staked, fenced, or otherwise delineated and protected prior to commencing with construction, grading, or grubbing. 61. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all graded pads and for in -situ soils on natural lots in accordance with the current Building Codes or where deemed necessary by the City Engineer or Building Official. 62. Final pad certifications shall include the certification of pad construction and elevations. The soils engineer shall certify all grading prior to acceptance of the public improvements and /or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 63. The subdivision improvement plans shall include a complete grading plan to show site accessibility in accordance with State and Federal regulations for all public and /or private roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable. The submittal shall provide additional analysis if site accessibility will not be provided and for any feature or element where accessibility is purportedly not required. The accessibility regulations or guidelines in effect at the time of subdivision improvement construction will be applied. 64. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall show and note compliance with City Codes, Standards and Ordinances, Floodplain Management Regulations, OASP stormwater provisions, Waterways Management Plan Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board, whichever pertinent sections Resolution No. 10620 (2015 Series) Page 22 are more restrictive. 65. The improvement plan submittal shall include a complete grading, drainage, and erosion control plan. The proposed grading shall consider the proposed construction phasing. Historic off -site and upslope watersheds tributary to the area of phased construction shall be considered. Run -on from adjoining developed or undeveloped parcels shall be considered. 66. The calculated 100 -year flood limits shall be shown and noted on the improvement plans and an additional final map sheet for reference. The drainage report and final plans shall clarify the 100 -year flood elevations, clearances, and freeboard at all new vehicle bridge, pedestrian bridge, and pipe bridge crossings of the creek corridors. 67. The engineer of record shall provide a digital copy of the final HEC -RAS modeling to the City in accordance with Section 4.0 of the Waterways Management Plan Drainage Design Manual. 68. The developer shall prepare an Operations and Maintenance Manual for review and approval by the City in conjunction with the development of any stormwater BMP's that will be maintained by the HOA or by the respective private property owner. A Private Stormwater Conveyance Agreement shall be recorded in a format provided by the City prior to final inspection approvals and acceptance of subdivision improvements. 69. The subdivider /developer shall provide notification to private property owners regarding any individual maintenance responsibility of backyard stormwater BMP's in accordance with Section E.2 of the RQWCB Resolution R3- 2013 -0032. The notification may be by Notice of Requirements or other method acceptable to the City. 70. The stormwater improvements other than City Standard public stormdrain infrastructure shall be maintained by the HOA. A separate encroachment /hold harmless agreement may be required in conjunction with certain improvements proposed for location within the public rights -of -way. 71. The final details for the proposed bioretention facilities located within the public right -of- way shall be approved to the satisfaction of the City Engineer. The project soils engineer shall review and provide recommendations on the proposed site constructed and /or proprietary retention systems. Analysis of impacts to the public improvements, protection of utilities, and methods to minimize piping and protection of private properties shall be addressed in the final analysis. 72. The developer shall show legal entitlement to access or annex into the regional detention basin or shall provide an alternate drainage solution and strategy to the satisfaction of the City. 73. The proposed detention basin and any pre -basin shall be designed in accordance with the OASP requirements and the Waterways Management Plan Drainage Design Manual. The proposed surface runoff and drainage from the detention basin(s) shall include a non- Resolution No. 10620 (2015 Series) Page 23 erosive outlet to an approved point of disposal. The outlet(s) design and location should replicate the historic drainage where feasible. Any off -site detention basin, temporary basin, or other drainage improvements shall be approved by the City. Any required or proposed off -site grading or drainage improvements shall be completed within recorded easements or under an appropriate license or other private agreement. 74. The naming of the local creeks and drainages shall comply with the appropriate and pertinent creek naming standards and justifications. The inclusion of the naming on the final map and /or improvement plans shall be approved by the City prior to map and /or plan approval as applicable. 75. All bridging, culverting and modifications to the existing creek channels along with any necessary clearing of existing creek and drainage channels, including tree pruning or removals, and any necessary erosion repairs shall be in compliance with the OASP, city standards and policies, the Waterways Management Plan and shall be approved by the Natural Resources Manager, Public Works Department, Army Corp of Engineers, the Regional Water Quality Control Board, and California Fish & Wildlife. 76. Any existing areas of swale, creek and /or channel erosion shall be stabilized to the satisfaction of the City Engineer, Natural Resources Manager, and other permitting agencies. 77. The project soils engineer shall review the final grading and drainage plans and Low Impact Development (LID) improvements. The soils report shall include specific recommendations related to public improvements, site development, utility, and building pad /foundation construction related to the proposed LID improvements. The project soils engineering report shall be referenced on the final map in accordance with the Subdivision Regulations and City Engineering Standards. 78. The final plans and drainage report shall show and note compliance with City Engineering Standard 1010.13 for spring or perched groundwater management and for water quality treatment of run -off from impervious streets, drive aisles, parking areas, and trash enclosures. 79. A SWPPP is required in accordance with State and local regulations. A hard copy of the SWPPP shall be provided to the City in conjunction with the Public Improvement Plan submittal and subsequent building plan submittals. The WDID number shall be included by reference on all construction plans sets. An erosion control plan shall be included with the improvement plans and all building plan submittals for demolitions, grading, and new construction. 80. The project development and grading shall comply with all air quality standards and mitigation measures. The developer shall provide written notification from the County Air Pollution Control District (APCD) regarding compliance with all local, state, and federal regulations including but not limited to the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations related to Naturally Occuring Asbestos (NOA). Resolution No. 10620 (2015 Series) Page 24 Fire 81. The project shall provide a minimum of two points of access to the subdivision from an existing public way wherever there are 30 or more housing units. Emergency Vehicle Access points will NOT be accepted in lieu of full access. 82. All streets that are less than 28 feet in width shall be posted "No Parking — Fire Lane" on both sides. Streets less than 36 feet in width shall be posted on one side only. 83. The project shall provide water mains and city - standard fire hydrants to provide a minimum needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior walls of all proposed structures. Fire hydrant spacing shall not exceed 500 feet. Homeowners' Association 84. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. VTM #3066 shall have the option of establishing their own HOA, or be incorporated into the "Master Homeowner's Association" (Master HOA) established under VTM #3063 (Righetti Ranch). To the extent desired by the subdivider, individual phases of the project may include sub - associations (such as for the affordable housing and /or townhome products) as described in the applicant's "Master Declaration of CC &R's for Righetti Ranch ", dated 6/6/14. CC &R's shall minimally contain the following provisions that pertain to all lots: a. The initial set of CC &R's provided for the VTM #3066 final map shall define either an independent HOA for Jones Ranch, or will be automatically incorporated into the Righetti Ranch Master HOA through annexation provisions of the Master HOA. A graphic or other exhibit describing all properties to be annexed to the Righetti Ranch Master HOA shall be included with any CC &R's for VTM #3066. b. All private improvements shall be owned and maintained by the individual property owners, sub - associations or the Master HOA as applicable. Private improvements include but are not limited to streets, sidewalks, pedestrian and bike paths, sewer mains, drainage systems, detention basin(s), street lighting, landscape, landscape irrigation, and common area improvements. c. Grant to the city the right to maintain common areas if the HOA fails to perform, and to assess the HOA for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. d. No parking except in approved, designated spaces. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. The responsibility for the placement of the trash and recycling containers at the street on collection days will be the responsibility of the property owner's association. The property owner's association shall coordinate with San Luis Resolution No. 10620 (2015 Series) Page 25 Garbage Company regarding the collection time and preferred location for the placement of trash and recycling containers to minimize the obstruction of project streets. h. No changes in city- required provisions of the CC &R's will be considered valid and in effect without prior City Council approval. i. Provision for all of the maintenance responsibilities outlined in various conditions. Planning Requirements 85. At the time of submittal of a request for a final map, the subdivider shall provide a written report detailing the methods and techniques employed for complying with all required environmental mitigation measures as adopted herein. 86. In order to be consistent with the requirements of the Orcutt Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 87. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) shall receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 88. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed refuse storage area(s) and on -site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by the HOA and shall be included in the OCR's or other property maintenance agreement accordingly. The solid waste solutions shall be shown and noted on the submittal(s) for Architectural Review Commission (ARC) approvals. 89. Prior to the issuance of building permits for residential units, the Architectural Review Commission shall review the residential building program, including building and landscape improvements, and provide comments and recommendations to the Community development Director. Final architectural design approval authority shall be vested in the Community Development Director. Director decisions may be appealed pursuant to standard city policies. 90. Prior to the recording of any phase of the final map, the applicant shall enter into an Affordable Housing Agreement with the City Council that details the timing of construction of affordable units on -site, proposed "transfers" of affordable units to another site, , and contains guarantees for failure to complete any or all of the affordable housing units (such as collecting affordable housing in -lieu fees, cash guarantees for the completion of the affordable units, providing a letter of credit, bond or other financial guarantee to assure Resolution No. 10620 (2015 Series) Page 26 compliance). 91. The tentative tract map as presented includes an option to create a fifth (51') homestead parcel for Jones Ranch in the event that the `B" Street to (existing) Tiburon Way "preferred road alignment" is completed. This alignment (off -site through the Imel property), is described in Exhibit A which identifies how the 5t" parcel would be described and accessed with utilities and vehicles. 92. A construction phasing plan shall be submitted to the Community Development Director prior to the issuance of the first building permit. 93. The subdivider shall develop a Construction Management Plan for review and approval by the Public Works and Community Development Directors. The plan shall be submitted prior to the issuance of a building permit for proposed project buildings and/or a phase of buildings. In addition, the contractor or builder shall designate a person or persons to monitor the Construction Management Plan components and provide their contact names and phone numbers. The Construction Management Plan shall include at least the following items and requirements: a. A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, directional signs for construction vehicles, and designated construction access routes. b. Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries and more intensive site work may be occurring, c. Location of construction staging areas which shall be located on the project site, for materials, equipment, and vehicles. d. Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety, and noise impacts to surrounding neighbors. e. The applicant shall ensure that the construction contractor employs the following noise reducing measures: i. Standard construction activities shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. ii. 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 iii. 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. f. Temporary construction fences to contain debris and material and to secure the site. g. Provisions for removal of trash generated by project construction activity. h. A process for responding to, and tracking, complaints pertaining to construction activity. i. Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected. Resolution No. 10620 (2015 Series) Page 27 j. Designated location(s) for construction worker parking. 94. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action or proceeding against the City and /or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 95. Conditions relating to phasing and timing of infrastructure are approved as contained herein, or as approved by the Community Development and Public Works Directors during review of public improvement plans and final maps. 96. Financing and "fair share" contribution plans may be submitted for City Council review with any final map application. The City Council will have sole discretion as to any reimbursement and /or fee credit programs implemented with said final maps. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of May 2015. an Marx ATTEST: Resolution No. 10620 (2015 Series) Page 28 APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ti r} t° , day of _ �T" ," , 20 r Resolution No. 10620 (2015 Series) Page 29 Exhibit A LAIN OF FIALA I o (IN PART) Y .1 1 } RI 47 � •� � ice-- � � _ 10,415 SQFT !I r ~ _.,s • ���. �[; .�.•'rr., i x y OPEN SPACE / PROPOSIM OM SPACE fuh39"Off II ,. 3r SOFT, i 10,161 SA3'"F NET Oi £1,IENT k 1 � x 1 `• 44' y Y..,6 2 SOFT ; I 14 fl Ij q SOFT wT 5B 7,694 SQFT jiij ` 'I I n.+8s SQF • '�� I K rl![, v[n AAITO L7F 1°luury MAY ` q a osc a ja L I 170 p a E RIE PFWAiC h Ci4, ® x AM l II Il i,I11Y FASFNO i 1 ,4.00 SQFT 14.2&0 54FT SEN SPACE £FS+t1Gf% 1 r t� s LANDS Or JMEL ��-- -_ y EAST HALF LOT 127` (73 DEEDS 173) �� ��N TM% } I, 4 4 90 1091 � 1 INCH = 50 FEET SHEET SIZE; 11" x 17" Jones Homestead Lots I Graphic JONES RANCH — TRACT 3066 Cannon JONES HOMESTEAD Revision to VTTM 3066 ,..,.:,. �c�r�tYOUT SAN LUI$ i19 {SpCy, CA Resolution No. 10620 (2015 Series) Page 30 Exhibit A Jones Homestead Lots Narrative Revision to VTTM 3066: APN 004 - 705 -008 The Jones family is requesting to have five (5) homestead lots remain on their property as opposed to the four lots originally submitted. Therefore Ambient Communities is requesting that the Vesting Tract Map be updated to include the additional lot for a total of 66 lots. This request is enhanced by the proposed solution for the option "A" road alignment for "B" Street and Tiburon which will best align Tiburon as the preferred option. Additionally the Jones family is requesting that, as the original owner, they retain ownership in fee of the entire property. The Jones family will grant an open space easement to the City of San Luis Obispo for the required open space areas on lot 1 and lot 3 of the proposed vesting tentative tract map. The Jones family will continue to maintain the property. If desired, the Jones family will create a Common Maintenance Agreement for the homestead lots to ensure the properties are properly maintained in perpetuity.